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(영문) 광주지방법원 2015.06.17 2015재고단45

특정범죄가중처벌등에관한법률위반(절도)등

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

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

Reasons

Punishment of the crime

[criminal record] On February 22, 2010, the defendant was sentenced to a disposition to transfer juvenile protection cases by larceny in the Gwangju District Prosecutors' Office, and a disposition to transfer juvenile protection cases by the Gwangju District Court on February 7, 2011. On August 9, 2012, the defendant was sentenced to a fine of three million won at the 31th General Military Court in the Army due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny).

【Criminal Facts】

1. At around 02:00 on October 14, 2013, the Defendant habitually stolen the Defendant with a safe consisting of 285,950 won in cash owned by the victim D in Gwangju Mine-gu, by taking advantage of the gaps of toilets among customers, while his/her employees engaged in a virtual game by taking advantage of the gaps of toilets among customers.

In addition, the Defendant, even from around that time to November 28, 2013, stolen the cash amounting to KRW 1,965,950 in total on six occasions habitually, as shown in attached Table 1.

2. On October 17, 2013, around 05:10 on October 17, 2013, the Defendant entered the Hpc room where the victim G in Gwangju Mine-gu is working, and carried out a computer game as if the Defendant had the ability to pay the PC user fee.

However, even if the defendant uses the PC bank, the defendant did not have the intention or ability to pay the user fee.

The Defendant was provided by the victim with the PC use service amounting to KRW 5,300.

In addition, from around that time to November 22, 2013, the Defendant provided a total of 12 times with the PC services equivalent to the sum of KRW 178,500 by the aforementioned methods, as shown in attached Table 2, and acquired the same amount by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, D, I, J, K, L, M, N, P, Q, R, T, T, AH and AI;

1. A written appraisal;

1. Photographs of the video-recording data of H scenese CCTV, and photographs on each site;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the same records as the accused);

1. Habituality of the judgment: