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(영문) 서울동부지방법원 2016.07.14 2016고단861
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

No. 1 and 2 of the seized evidence shall be returned to the victim's name unrefilled.

Reasons

Punishment of the crime

1. Special larceny: (a) around 02:00 on February 21, 2016, the Defendant: (b) opened a screen installed in the window in his/her hand on the “E” restaurant for the victim’s D operation in Gwangjin-gu Seoul Special Metropolitan City; and (c) opened a window that was destroyed and damaged and intruded into the restaurant, and was in the account room.

The amount of 230,800 won, including theft of cash, was stolen at least 772,80 won in total by destroying part of the structure at night and intrusion on the structure at night, as shown in the list of crimes in the attached Form.

2. On March 1, 2016, the Defendant attempted special larceny: (a) around 02:00, at the victim G operated by the victim G in Seoul, Jung-gu, the Defendant: (b) released the bridges installed on the entrance of the entrance, which was located adjacent to the “H” restaurant, and then destroyed and damaged them; and (c) invaded into the restaurant and stolen objects; (d) did not have any stolen objects, such as cash, etc.

3. On March 1, 2016, the Defendant: (a) from around 02:00 on March 1, 2016 to around 03:00, following the crime of the said I cafeteria, the Defendant: (b) opened a window not locked by the victim K’s J in Jung-gu, Seoul; and (c) intruded into the restaurant and was in the account stand.

The amount of 15,00 won in cash and Ethical tobacco 1 A were stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against M;

1. Each statement of D, N, K,O, and G;

1. Application of Acts and subordinate statutes to the records and photographs of seized articles;

1. Article 331 (1), 342, 331 (1) and 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. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The sentencing criteria [the range of recommended punishment] the basic area (one year to two years) (one year and six months) (special mitigation) [the person who is a special mitigation] / deadly weapons, or intrusion upon residence at night.

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