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(영문) 수원지방법원 2015.07.15 2015고단2474

특수절도

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 3 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On November 6, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor for night building intrusion and larceny at the Cheongju District Court, and completed the execution of the sentence on March 6, 2015.

【Criminal Facts】

At around 22:00 on March 30, 2015, the Defendant: (a) intruded into a unit of a container entrance, which is used by the victim D, as a building material office, with a tool equivalent to KRW 4,000,000, total market price, such as a 1 set-off of Shaf, which is equivalent to KRW 95,000, the market price of the victim’s ownership, and a 25,000,00 won, with a tool equivalent to the total market price of KRW 4,00,000.

In addition, the defendant from that time

5. Until December 13, 198, a total amount of 9,878,500 property owned by the victims was stolen after the victims destroyed part of a structure, such as a container or vinyl house, managed by the victims at night, as shown in the annexed list of crimes, at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Article 331 (1) of the Criminal Act and Article 331 of the same Act concerning the applicable criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: One year to 30 years; and

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Special larceny (determination of a sentence): 4. Special larceny (determination of a sentence): 4.1 1.2 .1 .1 .1 .1 .1 .2 .1 .1 .1 .1 .1 .1 .1 .1 .1 .1 .1 .1 .2 .

(b) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for a year and six months to seven months;

3. The Defendant committed the instant crime during the period of the same repeated crime.