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(영문) 의정부지방법원 2016.09.09 2016고단2894

상습특수절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At night, at around 01:30 on May 30, 2016, the Defendant: (a) opened and intruded a window at the F cafeteria operated by the victim E in Yangju-si; (b) opened and intruded into the Kacter; and (c) opened the Kacter with cash of KRW 1.7 million on May 30, 2016, from around 01:30 to July 04:10, 2016, the Defendant carried out the property of the victims worth KRW 5,238,00 in total at seven times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant invadedd the residence at night and stolen the property owned by the victims.

2. A special thief: (a) around July 8, 2016, the Defendant used the “I” restaurant operated by the victim H in Yangju-si on a day-to-day basis at the “I” restaurant operated by the victim H, in Yangju-si, with the 200,000 won in cash owned by the victim in the tear Round.

Accordingly, the Defendant stolen the property owned by the victim by destroying part of the door at night and impairing the residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of C, E, J, K, L, M, H, and N;

1. Protocols, lists of seizure, and photographs of each police (Evidence Nos. 3, 4, 5, 9, 10, 11, 17, 18 of the evidence list);

1. Each on-site photograph, CCTV photograph, I’s access door photograph;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Article 330 of the Criminal Act in relation to the crime (the point of larceny at night) and Article 331 (1) of the Criminal Act (the point of larceny) of the same Act in relation to the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act is that the number of crimes and the nature of each of the crimes of this case are inferior to the defendant, or it is against the defendant's recognition of each of the crimes of this case and reflects on it. The first crime is the defendant, the fact that the defendant agreed with some of the victims, and part of the damaged articles will be restored to C.