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(영문) 의정부지방법원 2018.05.24 2018고단1078
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On February 27, 2018, the Defendant: (a) 01:15 around 01:30,000 won in cash owned by the victim E, who intruded into the restaurant through its windows, and was in the camera, and stolen, on February 27, 2018.

B. On March 9, 2018, at around 04:14, the Defendant: (a) went to a “G” restaurant located in the Dongducheon-si F; and (b) went to a “G” restaurant through the toilet window following the restaurant, and went to a theft with one safe of the amount of KRW 80,000,000 in cash owned by the victim H, which was located in the said restaurant; and (c) cut to a “G” restaurant.

2. Special larceny;

A. On March 8, 2018, at around 03:15, the Defendant committed a theft with cash of KRW 100,000 owned by the Victim K in the payment period for gold transfer, by inserting the office’s rear windows by inserting them into “J gas station” located in Yangju-si, Yangju-si.

B. On March 10, 2018, at around 02:51, the Defendant: (a) taken an office “M” office located in Wancheon-si L; (b) took an air-conditioner room outside the office; (c) took gas pipes up and intrudes on the second floor of the building with a view to cutting down gas pipes; and (d) took approximately KRW 26,000 in cash owned by the victim N in the West on his/her book, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of K, H, N, and E;

1. Application of Acts and subordinate statutes to photograph on-site CCTV photographs, on-site photographs, CCTV image data inside the site, and on-site CCTV data photographs;

1. Article 330 of the Criminal Act in relation to the facts constituting an offense (the point of larceny of a structure at night) and Article 331 (1) of the Criminal Act (the point of larceny of a structure at night);

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 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of recommended punishment on the sentencing criteria: Imprisonment with prison labor for a year and six months to six years: Provided, That in case of April, two years and ten months.

(a) Two offenses (special larceny) (the scope of recommending punishment) against general property;

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