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(영문) 수원지방법원 안양지원 2019.09.10 2019고단1003

특수절도등

Text

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

Reasons

Punishment of the crime

[Criminal Justice] On August 31, 2017, the Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Seoul Central District Court for one year and six months, and completed the execution of the sentence on January 10, 2019.

【Criminal Facts】

1. On March 29, 2019, around 18:20 to 18:30 on, and around 18:30 on March 29, 2019, the Defendant: (a) closed a crime prevention window using Raber and intruded through windows; (b) attempted to steals property owned by the victim; and (c) attempted to steal the victim’s property.

2. Special larceny;

A. On March 29, 2019, the Defendant: (a) around 19:00 to 20:00, and around 19:00, and around 19:50,00 of the cash, which is the victim’s possession, used in the house of the building in the Mana-gu, Mana-si, and the victim G located in the Mana-gu, Mana-gu; and (b) invaded the crime prevention window by using windows; and (c) invaded by the window.

B. On May 9, 2019, around 19:48 to 21:08, the Defendant: (a) closed the crime prevention window by hand; (b) intruded the Defendant’s cash, which is one of the victims’ possession, from around 19:48 to 21:08; and (c) invaded the crime prevention window through windows; and (d) stolen the Defendant with approximately KRW 400,000 in cash, which is one of the victims’ possession.

3. At night, on May 11, 2019, the Defendant: (a) opened and intruded into the K building in Manan-gu, Manan-gu, Manan-gu, and the victim M with L at night; (b) opened and intruded into the house; and (c) cut and stolen the cash amounting to one million won contained in the plastic storage tank.

Summary of Evidence

1. Previous records of the defendant's legal statement J, M, G and D written records: Application of criminal records records and inquiry reports (fact that the defendant is a suspect repeated crime)-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (a point of intrusion upon residence, choice of imprisonment), Articles 342 and 329 of the Criminal Act, Article 331 (1) of the Criminal Act, Article 330 of the Criminal Act (a point of special larceny), Article 330 of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;