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(영문) 제주지방법원 2014.06.27 2014고단505

특정범죄가중처벌등에관한법률위반(절도)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On March 6, 2008, the Defendant received juvenile protective disposition by special larceny, etc. from the Jeju District Public Prosecutor's Office on June 30, 2008, and on March 26, 2010, each juvenile protective disposition by the same crime in the above Public Prosecutor's Office, on May 11, 2010, from the above Public Prosecutor's Office, due to night structure intrusion, larceny, etc., and from the above Public Prosecutor's Office on August 17, 2010, the Defendant received juvenile protective disposition by special larceny, etc.

【Criminal Facts】

Defendant, habitually,

1. Around 02:00 on September 1, 2013, the victim C’s “D” in Jeju-si B was collected. Around 02:00 on September 2013, the victim opened a tent set of the said frequency and intruded inside the frequency, and then cut off KRW 50,000 in cash owned by the victim from a small credit cooperative located in the relevant carter;

2. Around 00:00 on October 15, 2013, the victim F’s “G restaurant” in Jeju-si: (a) went into the “G restaurant” in the operation of the Victim F in Jeju-si; (b) went into the inside through the south of the said restaurant, which was not locked, and (c) cut off the cash in the possession of the victim; and (d) steals 50,000 won in cash;

3. Around 00:00 to 01:00 on March 9, 2014, at the point of “I” for the operation of the Victim H located in Jeju-si, the victim’s Ha was intruded inside through the rear stud of the above main point, which was not locked, and then, at that point, with plastics having approximately KRW 30,000 in total, KRW 50 million owned by the victim; and

4. Around 01:00 on March 9, 2014, at the time of Jeju, the victim J’s “K” restaurant operated by the victim J was invaded inside the restaurant through the main window of the instant restaurant, which was not locked, and then cut off KRW 50,000 in cash owned by the victim from a small credit cooperative located in the Kabter at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of F, J, and H;

1. Photographs of theft scene, fingerprinting of the scene of the crime, replies to the results of appraisal, report on investigation (on-site verification, etc.), investigation report (Attachment, such as the number and accommodation status, of the suspect);

1. Habituality: The history of the offence in the holding and the frequency of the offence.