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(영문) 수원지방법원 성남지원 2016.08.31 2016고단1813

절도등

Text

A person shall be punished by imprisonment with prison labor for not less than eight months and by imprisonment for not more than two months for the crimes of No. 1 and No. 2 of the judgment of the defendant.

Reasons

Punishment of the crime

On April 15, 2016, the Defendant was sentenced to imprisonment with prison labor for larceny at night in support of Suwon Friwon, and three months for larceny.

6.7. Final and conclusive, and the same year.

6.6. The execution of the sentence was terminated in the detention center.

"2016 Highest 1813"

1. On June 24, 2016, around 18:30 on June 24, 2016, the Defendant intruded into a room by entering the room by means of an open visit with the victim E, who is located in a room 5 room located in Seongbuk-gu, Manam-si, Sungnam-si, and then steals property into the room.

2. The Defendant: (a) entered the victim E into a cellular phone with a cell phone amounting to KRW 899,000 and tobacco amounting to KRW 4,500 with a market price of KRW 89,00,000, which is the victim’s ownership; and (b) stolen it through an open visit to the room where the victim E resides.

"2016 Highest 2116"

3. On November 23, 2015, at around 05:00, the Defendant went into the house of the victim G in Seongbuk-gu, Sungnam-si, which was in front of the house of the victim G, and intruded into the house through open gate, and used a chip equivalent to 30,000 won in the market price, which is the victim's possession on the stairs, and stolen it.

Summary of Evidence

1. Previous convictions: Inquiries about criminal history and investigation reports (verification of the release of suspects), 2016, 1813;

1. Statement by the defendant in court;

1. E statements;

1. Protocol of seizure: "2016 Highest 2116";

1. Statement by the defendant in court;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act (the point of larceny at night), Article 329 of the Criminal Act (the point of Do), Article 319 (1) of the Criminal Act (the point of intrusion by room), and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) of the same Act (limited to night residence larceny for which a judgment becomes final and conclusive, and intrusion larceny between night residence larceny and intrusion larceny in a judgment);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the thief and judgment).