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(영문) 의정부지방법원 고양지원 2017.10.19 2017고단2369

특수절도등

Text

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

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to a suspended sentence of two years for one year in prison due to larceny of a structure that intrudes into night at the district court in order to take advantage of a structure at night, and on April 21, 2017, which became final and conclusive and conclusive on April 21, 2017.

1. On August 11, 2017, around 22:36, the Defendant: (a) came to a cafeteria operated by the victim D, the 108 Seo-gu, Seo-gu, Busan Metropolitan City building C, Goyang-si; (b) opened on the entrance and door, destroyed and damaged by the cresh; and (c) intruded into the said cafeteria by placing the cresh in the cresh; and (d) stolen the 10,500 won in total of the cash owned by the victim, which is located in the cash keeping box in the cresh.

2. On August 12, 2017, the Defendant: (a) around 01:43, the Defendant filed a lawsuit seeking the settlement of the H parking lot charges managed by the victim G in the Seo-gu, Seo-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Gyeonggi-do; (b) caused the infringement of the above parking lot charges by placing the corrected windows in his/her hand with his/her hand and by removing the lock locking device; and (c) caused the intrusion of the said charges by the method of cancelling the locking the entrance; and (d) took a total of KRW 137,000 in cash

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement D or G;

1. On-site photographs of cafeterias;

1. Investigation report (CCTV verification and investigation) and extract the main pages of CCTV in the H parking lot;

1. Application of the laws and regulations to the investigation report (verification ofCCTV - relating to the crime in the E cafeteria), extractment of CCTV on the main part of the C Building (E cafeteria),

1. Article 331 of the Criminal Act (Special thief) and Article 330 of the Criminal Act concerning facts constituting an offense;

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. The defendant's records of the same crime, the risk of criminal law, the amount of damage, and damage, including the fact that the defendant was sentenced to a suspended sentence on the grounds of sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of amount of punishment, has not yet been restored, but the judgment in this case becomes final and conclusive.