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(영문) 창원지방법원 2020.02.19 2019고단3418
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 22, 2019, around 03:35, the Defendant: (a) prepared a locking device under the entrance of the “E pharmacy” in the “E pharmacy” in the Seongbuk-gu Seongbuk-gu, Changwon-si; (b) invaded by using a date drick; and (c) carried out cash approximately KRW 565,000, which was entered the above pharmacy.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (the analysis of CCTV recording images at the E Contracting State);

1. Relevant Article 331 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act with the reason of sentencing, comprehensively taking into account all the conditions of sentencing, including the background of the crime in this case, the defendant’s age, character and conduct, and circumstances after the crime, shall be determined as ordered.

Unfavorable circumstances: The defendant has been punished several times due to the same crime, including punishment, and in light of the method of the crime or the form of the act that is very poor in the nature of the crime, such as destroying and impairing the locking device by using the drone, etc., the fact that the defendant has been led to confession and reflect, and that the defendant has discharged damage after the crime.

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