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(영문) 대전지방법원 2020.04.03 2020고단956
특수절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2020, the Defendant: (a) performed a game in the Dsung Game in Seo-gu, Daejeon, Seo-gu, Daejeon, and 5th century; and (b) lost the volume of KRW 200,000,000; and (c) caused the loss of the value of KRW 200,000,000 to steal cash in the game room by using the gaps in which the above game room was operated during the night-time hours; and (d) caused the loss of the value

On February 8, 2020, at around 03:07, the Defendant parked the Epir vehicle that he operates in the vicinity of the building in the above game room, and then cut the large divers (40cm in length) and the speed cuter (raster) that he was carrying while working in the middle line construction site in the middle line, and went up to five floors through the stairs of the above building.

The Defendant: (a) destroyed the gate by cutting off and milch the gate between the steel-resistant entrance and the wall; (b) removed the main body of the computer installed inside the business establishment, dismantled the main body; (c) laid off the gate to the Fridge 200 meters away from the place; (d) returned to the said game site; and (e) cut off the 6,560,000 won in cash owned by the victim again with the said high speed cutting machine (50cm in length, 66cm in length); and (e) cut off the 4 parts of the metal safe to the said high speed cutting machine (50cm in length), cut off the 6,560,000 won in cash owned by the victim.

Accordingly, the defendant stolen another's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. On-site identification reports, investigation reports (suspects specific), investigation reports (in relation to the implements used for criminal conduct), investigation reports (in relation to the equipment used for criminal conduct), and investigation reports (CCTV image CDs delivery);

1. Application of Acts and subordinate statutes to field photographs and photographs (in the case of the arrest of a suspect, internal photographs within the string of vehicles);

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order.

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