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(영문) 청주지방법원 충주지원 2013.06.21 2013고단194
특수절도등
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

1. At night, on March 2013, the Defendant: (a) around 01:00, the Defendant: (b) opened a container stuff owned by the victim D in Chungcheongnam-gun; (c) went into the container stuffed by the victim D; and (d) intruded by such windows; and (d) took into account the container stuffed by the container stuffed by the victim D; and (d) loaded one batter arms in the victim’s market price located in the relevant location; (d) one batch pen; and (e) two bather steel plates (hereinafter “batter”) onto his/her own vehicle.

2. Special larceny;

A. On March 18, 2013, at around 04:00, the Defendant cut down hacks, which is a correction device of materials and warehouses entrance doors owned by the victim F, the Defendant intruded into the above warehouse and stolen one hacker, which is equivalent to KRW 850,000, and one underwater hacker, which is the victim’s market value.

B. On March 19, 2013, at around 01:00, the Defendant cut down 쇠s, a corrective device of materials and warehouses owned by the victim H, which was located in the Victim H, G, and then intruded into the said warehouse, resulting in the Defendant’s intrusion into the said warehouse, resulting in theft of the victim’s market value of KRW 2,00,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of I, H, and D;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. A normal condition unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: (a) the Defendant committed again the instant crime even though he/she had several previous convictions in the same year (one of the last convictions in the year 2005); (b) the method of committing the instant crime is more favorable; (c) the Defendant agreed with the victims; and (d) the Defendant committed

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