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(영문) 부산지방법원 2016.08.24 2016고단3172
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 13, 2016, at around 02:30 on May 13, 2016, the Defendant: (a) opened the entrance by inserting the dracker in front of the D party room in the operation of the Victim C; (b) opened the entrance by opening the dracker with the dracker’s drack, and invaded into the party room; and (c) cut off the computers owned by the victim with the cash amounting to KRW 700,000,000 in the krack cash account unit, and the computers under the supervision of the kracker.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Application of the statutes on seizure records and the list of seizure lists;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (including the fact that the person involved in the crime is in depth and the victim has not been punished);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for reduction of the amount of punishment repeated);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and surveillance [the scope of the recommended punishment] 4 types of theft against general property (the special mitigation period between August and January 6) (the special mitigation period) / Where a person intrudes into a place other than an indoor residential space (the four types), where a person carries a non-permanent weapon or a deadly weapon, or where a person intrudes into a place other than an indoor residential space (the four types), and where a person intrudes into a residence damaged at night or a structure damaged at night (the four types) / 8 months of imprisonment, suspension of execution 2 years, and surveillance of protection;

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