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(영문) 춘천지방법원 원주지원 2017.10.20 2017고단843

특수절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized No. 1 (N.C. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On October 16, 2014, the Defendant was sentenced to imprisonment for a maximum of two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support for the

[2] The Defendant and female-friendly job offering C (Suspension of Prosecution on the same day) conspired to steal cash stored in cash of the singing machine for the purpose of preparing living expenses in order to reduce the amount of money after the withdrawal.

Around 16:00 on July 13, 2017, the Defendant and C invaded the victim E into a singing practice room operated by the victim E at the original time, and C talked with a singing practice room, and followed by the main or another person, and the Defendant: (a) placed in the joint space for the key to the cash storage of the singing room; (b) cut off KRW 3,961,00 in total by intrusion into the singing practice room on a total of 25 occasions, as shown in the attached list of crimes, from August 14:00 until August 18, 2017, and then cut off KRW 3,961,00 in total.

Accordingly, the defendant invadedd the structure jointly with C, and stolen the victims' property jointly with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, G, H, I, J, K, L and M;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 331(2) and 331(1) (special larceny) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint residential intrusion, and choice of imprisonment with labor);

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

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

1. As to the crime of violation of the Punishment of Violences, etc. Act (joint residence intrusion) with reasons for sentencing under Article 48(1)1 of the Criminal Act.