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(영문) 대구지방법원 2018.12.21 2018고단3298
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Special larceny;

A. On May 15, 2018, at around 02:30, the Defendant: (a) destroyed the equipment installed on the entrance of the said warehouse by using the electric batteries, nives, nives, and dives, which were kept in custody on the Defendant’s vehicle; (b) went into the said warehouse; and (c) stolen the property of the victim by destroying part of the structure between the areas where the Defendant brought about food in the market, such as the nivers, lives, lives, and lives, and lives, which were located in the said area.

B. On May 19, 2018, around 02:30 on May 19, 2018, the Defendant destroyed the correction device at the above place, went into the warehouse, and intruded into the warehouse, and subsequently, stolen the victim’s property by destroying part of the structure between the areas, such as oil and breath, and breath, which brought about the market incombustible food.

2. On May 27, 2018, around 02:38, the Defendant: (a) went ahead of the victim C’s H convenience point in the operation of the Plaintiff’s G in the Gyeongdong-gun G, the Defendant: (b) cut off the victim’s property by intrusion on the victim’s own possession of the victim who was in custody at the night, without correcting any other convenience point; (c) opened a door warehouse and intruded into the said door; and (d) cutting down the victim’s property by infringing on the victim’s property, such as three pieces of tobacco, hambber, and Kim Fab, etc., on the part of the victim who was in custody at the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes concerning investigation reports (the details of the inspection direction), on-site photographs, internal investigation reports (related to field photographs), internal investigation reports (attached to the list of collected articles), and the list of collected articles;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48(1) of the Criminal Act of confiscation.

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