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(영문) 춘천지방법원 2017.06.08 2017고단239
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 November 20, 2016, at around 02:10 on 02:10, the Defendant opened the window behind the building, intruded into the door, and prevented the CCTV from operating, and again, opened the toilet window into the part where the CCTV was opened, and opened the door and opened the door, and opened the door with the card in the usual possession of the house, and carried the re-defens of iron amounting to KRW 700,000,000,000,000,000,0000,000,000,000 won, which is managed by the victim D, in the above office.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written statements of D;

1. Application of Acts and subordinate statutes to reports on the occurrence of theft, on-site photographs, reports on the results of field identification, thief site photographs, CCTV photographs, copies of office access records, and photographs, photographs, and appraisers of each CCTV image, and written appraisal;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] thief for general property: (In the case of intrusion upon a place other than an indoor residential space (type 4), in which the area to be mitigated (from August to one year and six months) (special mitigated) (type 4), and in the case of intrusion into a place other than an indoor residential space (type 4), in which the punishment is not imposed (type 4), such as a structure that causes night damage (type 4);

2. Determination of sentence, taking into account the following circumstances, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

A extenuating circumstances: A crime of theft of property by destroying or destroying a part of a structure at night by intrusioning it, is bad in the nature of the crime, and the lower limit of statutory penalty is one year in prison: The victim does not want to be punished by taking the Defendant’s wife, and the defendant does not want to be punished.

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