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(영문) 부산지방법원 2014.10.08 2014고단7281

특수절도등

Text

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

Reasons

Punishment of the crime

On January 15, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the crime of larceny at night in the Changwon District Court’s territorial branch, and the judgment became final and conclusive on January 23, 2014.

1. On July 21, 2013, at around 04:02, the Defendant was in front of the cafeteria “D” restaurant located in the Busan Eastdong-gu, Busan, the Defendant: (a) destroyed the entrance door between the victim E and the locked; and (b) intruded into the restaurant; and (c) stolen approximately KRW 10,000 in total of the face value in the Kater credit cooperative.

2. Night buildings, thief;

A. On August 29, 2013, the Defendant committed the crime: (a) around 22:00 on August 29, 2013, in front of the restaurant of “G” located in Gangseo-gu Busan, Gangseo-gu, Busan; (b) the victim H set up and intruded into the restaurant, thereby printing the money and valuables into the restaurant; (c) the Defendant escaped, and attempted to escape to the resident I who was passing.

B. On September 16, 2013, around 02:00 on September 16, 2013, the Defendant committed the crime, and around 02:00 on September 16, 2013, before “K” located in the Busan YJ, the Defendant: (a) opened a window between the victim I leaving and leaving the string; and (b) accessed the string; (c) obstructed the money and valuables, but (d) failed to discover the money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of I, H and E;

1. Each written appraisal;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (the identification of a suspect and attachment of the same kind of judgment) and other statutes;

1. Relevant Articles 331(1) (a) and 342 and 330 (a person who has attempted to larceny at night buildings) of the Criminal Act concerning facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act was relatively minor and partial attempted larceny damage. However, there are two times the history of having been sentenced to imprisonment for the same kind of criminal offense and having been sentenced to imprisonment for the same criminal record.