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(영문) 제주지방법원 2014.04.04 2013고단1016

야간주거침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attachment] On July 25, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Jeju District Court and two years of suspended execution, and the said judgment became final and conclusive on August 2, 2013.

【Criminal Facts】

On July 17, 2013, around 03:25, the Defendant: (a) opened the gate and the gate in Jeju Island; (b) opened the gate and the gate into the gate; and (c) stolen KRW 100,000 in cash within the gate located in the large bank.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. Previous records: Application of investigation reports (report attached to judgments, etc.) and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 330 of the Criminal Act and the choice of imprisonment;

1. Handling concurrent crimes: A sentence shall be imposed as ordered in consideration of all the following circumstances as the reasons for sentencing (the crime at the time of sale is concurrent with the special larceny in the judgment that became final and conclusive) under the latter part of Articles 37 and 39(1) of the Criminal Act (the crime at issue of this case is concurrent with the special larceny in the judgment). A sentence shall be imposed in consideration of: (a) the circumstances favorable to concurrent crimes under the latter part of Article 37 of the Criminal Act are acknowledged; (b) the amount of stolen money is not large; and (c) the victim has not been returned without any criminal record or suspended execution; and (d) the circumstances after the crime was committed (the name of the crime in this case after being investigated into the crime of special larceny in the judgment that became final and conclusive) or after the crime was committed (the arrest of another crime on March 3, 2014 when a warrant of detention was issued with absence of the judgment in the judgment in this case); (d) the relationship between the crime of special larceny in the judgment at the same time with the final and conclusive judgment (ab).