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(영문) 인천지방법원 2016.03.25 2016고단568
특수절도
Text

A defendant shall be punished by imprisonment for one year.

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

On July 1, 2015, the Defendant, at around 02:58, 02:58, committed a theft of metal in which the victim’s market price was 27,000 won of tobacco and KRW 6 A, cash 480,000, three lease agreements, etc. were included in the “Eart” in the “Et” for the operation of the victim C in D commercial buildings, and the bricks located on the floor that opened the outer tent and cut off the glass by cutting off the bricks attached to the mat door, and then intruded into the mat door, and was placed in the mat, and then invaded into the mat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of field photographs (43 pages of investigation records) and CCTV analysis tables (44 pages of investigation records) Acts and subordinate statutes;

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (the following grounds for sentencing shall be considered):

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 333(1) of the Victim Return Criminal Procedure Act [the scope of sentencing] / [the scope of sentencing] 1 to 10 years [the thief] / [the thief] mitigated element of punishment: In the case of carrying a deadly weapon, or in the case of intrusion (4 types) with a deadly weapon, or in the case of intrusion upon residence or night-time damaged structures / [the scope of the recommended area] basic area, 1 to 2 years and 6 months [the decision of sentence] of the Defendant’s act was committed by destroying another’s structure and intrusion upon another’s property at night and brought about imprisonment without prison labor at night, and there is no good criminality, and it is necessary to punish the Defendant with severe punishment if the Defendant considered that he was subject to juvenile protective disposition due to a special larceny on several occasions.

However, the fact that the defendant fully recognizes the crime, the degree of damage caused by the crime of this case is relatively not severe, and the victim expressed his/her intention not to want the punishment against the defendant (124 pages of investigation records), and the defendant suffers from disease such as a dry-line skin disease, and the health of the defendant is not good.

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