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(영문) 수원지방법원 평택지원 2018.07.19 2018고단656

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal history] On September 25, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to special larceny, etc. in support of the development of the Suwon method, and the period of parole was expired on August 18, 2016 at a female prison on August 13, 2016 during the execution of the sentence.

[2] On April 1, 2018, the Defendant: (a) 13:15 on April 1, 2018, 2018, the Defendant cited and stolen 150,000,000 won in cash, which was owned by the victim C, and 1,00,000,000 won in market value; and (b) 280,000,000 won in market value.

On April 8, 2018, the Defendant, at around 15:38, on April 15, 2018, entered the “G church” on the 3rd floor of Sungnam-gu F and Sungnam-gu, Sungnam-gu, with a entrance opened for the purpose of thefting goods, entered the said church’s distribution inside of the said church, and stolen the said church with one gold bag containing one million won in cash owned by the victim H located on his/her own seat.

Accordingly, the defendant invadedd the above church, which is a building managed by the victim, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C and H;

1. On-site photographs, black stuff images, CDs, investigation reports, CCTV photographs;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and each investigation reporting statute;

1. Relevant Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 32(1) of the Act on Special Cases concerning the Promotion of Lawsuit, etc. of Dismissal of Application for Compensation;

1. Criteria for sentencing: Offenses of August to November 1 (the scope of recommendations) committed against general property in the mitigated area (from August to June) (special mitigation (special mitigation)) (in the case of intrusion upon a place other than an indoor residential space, (four types), and penalty not to be imposed.