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(영문) 대전지방법원 논산지원 2019.08.13 2019고단237
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 01:00 on May 19, 2019, the Defendant: (a) used a gap in which the victim’s surveillance was neglected in order to steals drinking water, etc. from the “D” goods warehouse managed by the Da, Chungcheongnam-gun, Chungcheongnam-do; (b) cut off several doors and knicks of the storage of the said goods; and (c) carried them into the storage; (d) however, the Defendant, at once, cut off the door door door door and cut off the door door one so as not to do so; and (e) cut off the lock door with a hand-on glass, in which the locker was laid into the storage of the said goods at a rate of 6,000 won in market price owned by the victim, which was set up on the floor of the said goods; and (e) cut off and cut off them with ten drinking water at a level equivalent to approximately 6,000 won.

Accordingly, the Defendant, while carrying a deadly weapon, stolen another’s property by damaging the door, the wall, and a part of the structure at night, and destroying the structure.

2. Around 02:00 on May 19, 2019, the Defendant: (a) committed a theft by cutting off the CTS 110,000 worth KRW 300,00,00 in the market price owned by the victim, which was parked in the state of sticking the key to the victim by using the gap in which the victim’s surveillance can be neglected due to the mushroom growing company of the victim E in Chungcheongnam-gun F, Chungcheongnam-do; and (b) then, (c) cutting off the key to the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes to investigation reports (field photographs, etc.);

1. Relevant provisions of the Criminal Act and Articles 331 (2) and (1) (the occupation of special larceny) and 329 (the occupation of larceny and the choice of imprisonment) of the Criminal Act concerning criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The defendant's age, character, conduct, and environment are as follows: (a) the damaged article was returned to the victim F; (b) the damaged article was not wanting to be punished against the defendant; (c) the injured party was the first offender; and (d) the defendant's age, character, and conduct.

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