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(영문) 전주지방법원 군산지원 2019.07.26 2019고단87
야간건조물침입절도등
Text

The defendant shall be punished by imprisonment with prison labor for the crimes from No. 1 to No. 8 of the "crime List" attached to the judgment of the defendant, and attached Form 4.

Reasons

Punishment of the crime

[Criminal Justice, etc.] On October 7, 2015, the Defendant was sentenced to one year and ten months of imprisonment for habitual larceny at the Daejeon District Court on June 17, 2016, and the execution of the sentence was terminated in the Daejeon Prison on June 17, 2016. On February 22, 2018, the Jeonju District Court sentenced eight months of imprisonment for larceny, etc. and became final and conclusive on October 2, 2018.

【Criminal Facts】

On September 7, 2018, at the early 19:00, the Defendant went into the C church located in the next 19:00, and went through the opening door, and went into an attempted attempt without going through two times, for a total of 375,00 won from September 7, 2018 to October 6, 2018, including taking out cash KRW 60,000 located in the victim E’s sexual landscape on the 3rd floor Dials of the above church.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F, E, G, H, I, J, K, and L;

1. 32 copies of the photograph; and

1. Previous records of judgment: Criminal history records, investigation reports (verification of repeated crimes of suspects and criminal records before latter concurrent crimes, etc.), report on the results of confirmation of previous dispositions, such as judgments of the previous district court and the previous district court, and application of Acts and subordinate statutes to report on the date of release;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 ( point of larceny at night), 342, and 330 ( point of attempted larceny of night buildings) of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 ( point of attempted larceny and Selection of Imprisonment) of the Criminal Act, Articles 342 and 329 ( point of attempted larceny and Selection of Imprisonment);

1. The latter part of Articles 37 and 39(1) of the Criminal Act that treats concurrent crimes (with respect to the crimes of larceny, etc. for which judgment at the time of sale has become final and conclusive, and the crimes listed in the No. 1 through 8

1. Of concurrent offenders, the degree of damage on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not significant. Some of the crimes were attempted, and the Defendant paid theft money to the victim E and G, and the remainder excluding the victim F.

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