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(영문) 광주지방법원 2013.10.10 2013고단3608

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

[criminal power] On March 29, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. in the Gwangju District Court’s Nam Branch, and completed the execution of the sentence on January 1, 2013.

【Criminal Facts】

1. At around 15:00 on July 6, 2013, the Defendant: (a) made soup 2nd floor of the 2nd floor of the soup making soup in Gwangju-gu, Gwangju-gu, with the key of the victim E, opened the victim’s right and wrong by using the key; (b) one gold sheet equivalent to KRW 30,000, market price of KRW 1,600,000, and one gold sheet equivalent to KRW 400,000, market price of KRW 40,000.

2. On July 24, 2013, around 04:12, 2013, the Defendant: (a) made soup 5th floor soup, using the gap in which the victim F is able to do so; (b) separated only the keys of the key to the rubber boom box of the victim’s hand hand, which had the prior part of the rubber boom; (c) opened an object 52 times; and (d) took 540,000 won in cash owned by the victim in a wall and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and E;

1. Before ruling: Criminal records, investigation reports (related to repeated crimes), and application of certified copies of written judgments and other Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

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

1. Among concurrent offenders, confession and reflects the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; however, even though several times of punishment for the same kind of crime have been served, the crime of this case was committed again during the period of repeated crimes, and the method of the crime of this case was planned and has not been recovered from damage up to now.