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(영문) 대전지방법원 2016.07.19 2016고단1663
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Night-time theft;

A. On May 30, 2016, at around 23:00 on May 30, 2016, the Defendant: (a) invaded upon the victim D in Daejeon-gu, Daejeon-gu, with three times the total market price of KRW 5,000, the victim’s possession, which was located there.

B. On May 31, 2016, at around 23:00 on May 31, 2016, the Defendant: (a) invaded upon a mast to the house of the above victim D; and (b) carried out a 300,000 won of the market price of the victim’s possession, which was located there; and (c) stolen the said victim’s house.

2. 특수 절도 피고인은 2016. 6. 1. 새벽 무렵 제 1의 가. 항 기재 피해자 D의 집에 이르러 그 집 담을 넘어 마당으로 들어간 후 그곳에 있는 창고의 잠겨 진 시정장치를 뾰족 한 도구를 사용하여 손괴하고 침입한 다음 창고 안에 있던 피해자 소유인 시가 합계 100,000원 상당의 ROAD FACE 안전화 2켤레를 가지고 나와 절취하였다.

Accordingly, the Defendant destroyed a part of the structure at night and stolen the property.

3. On June 1, 2016, at around 17:00, the Defendant: (a) went to and stolen the victim E’s house located in Daejeon-gu Daejeon-gu Daejeon-gu, with 150,000 won of the market value, which was located on the floor of the living room; (b) the victim’s house located in the living room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D and E;

1. Application of statutes to field photographs, photographs on the scenes of arrest, and photographs of damaged articles taken therefrom;

1. Article 331(1) of the Criminal Act applicable to the facts constituting the crime (special larceny, imprisonment with prison labor), Article 330 of the Criminal Act (the fact of larceny at night, imprisonment with prison labor), Article 329 of the Criminal Act (the fact of larceny at night, and choice of imprisonment with prison labor).

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the amount of damage caused by reasons for sentencing under Article 62(1) of the suspended sentence is not significant, that the defendant is against the defendant, that the defendant does not have any record of crime other than a fine once, and that the contents of the instant crime.

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