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(영문) 수원지방법원 2017.04.13 2016고단7912
특수절도등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court on February 11, 2016, and the execution of the sentence was terminated in a permanent prison on September 8, 2016. On September 20, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. and the judgment became final and conclusive on September 20, 2016.

1. On April 25, 2016, the Defendant attempted to larceny at night buildings: (a) 00:23 at the port of port in North-gu C Victim D, and the Defendant attempted to enter the office for the purpose of theft of cash located in the office after the victim entered another gas station in which he left the office at night; and (b) at the port of port in North-gu C Victim D; and (c) the victim failed to enter the office for the purpose of theft of cash located in the office.

2. Around 01:39 on the same day, the Defendant: “△△△△△△△△△△,” which was operated by the victim FF in North-gu, North-gu, North-si, North Korea on the same day, committed theft with 50,000 won in cash, which was owned by the victim during the period of gold transfer, after the victim removed and intruded the locking device in the instant gas station, in which the victim left the port.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Reporting on occurrence of a disaster;

1. Investigation report (on-site photographs taken), - Photographs;

1. On-site report (a CCTV verification), -CCTV closure screen;

1. On-site reports (the confirmation of the CCTV at △△△△△△△△), the screen of the closure of the CCTV -CCTV;

1. Previous convictions in the judgment: Inquiry about criminal history, copy of the judgment, current status of personal confinement, report on the results of confirmation of the previous convictions in the disposition, and application of Acts and subordinate statutes to report criminal investigations (Attachment to

1. Articles 342, 330 (a person who attempts to larceny at night) and 331 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act provides that both concurrent crimes and exemption from punishment are concurrent crimes, and the first head of the judgment rendered on September 20, 2016 and the first head of the judgment rendered on September 20, 2016 are concurrent crimes after Article 37 of the Criminal Act. Thus, the above special larceny, etc. is simultaneously conducted.

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