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(영문) 수원지방법원 2015.10.28 2015고단4091
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Night theft;

A. On August 19, 2015, around 22:00, the Defendant: (a) went to the studio rooftop of the studio building located in Sungsung-si, the 5th floor of the said building through the benda, and (b) went to the 5th floor of the victim D (inn, 25 years of age) and opened a cremation unit; and (c) cut off with the 100,000 won market value of Onnuri gift certificates owned by the victim.

B. On August 23, 2015, around 22:00, the Defendant: (a) opened and intruded a beea window that was not locked when he was at the house of the victim F (the age of 42) of the Young-gu E apartment unit in Suwon-gu, Suwon-si, Suwon-si; (b) opened and intruded by a plan; and (c) cut off the cash owned by the victim on the face.

2. Around 20:40 on August 21, 2015, the Defendant: (a) destroyed the apartment unit G apartment unit victim H(34 years of age) located in Young-gu G apartment unit in Suwon-gu, Suwon-gu; and (b) stolen the apartment unit with one set of KRW 50,000 at the market price of KRW 2121,00,00,000 in total, such as gold booms, gold booms, and gold booms, which had been kept in custody of the brace-gu inside the inside of the inside of the house by intrusioning into the house; and (c) subsequently, one set of KRW 3,100,00 in cash and one set of KRW 30,00 in the market price in the living room, USD 31,00,00 in China; and (d) one set of KRW 500,000 in the market price containing one credit card 2, and one physical card.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of H, I, F, and D;

1. The list of seizures and photographs of each seized article;

1. Application of the Acts and subordinate statutes to CCTV photographs and CCTV data;

1. Article 330 of the Criminal Act and Article 331 (1) of the Criminal Act concerning the facts constituting an offense (the points of larceny at night) of the relevant Act (the points of larceny after night destruction and damage);

1. Of concurrent crimes, the Defendant and the defense counsel’s assertion as to the assertion of the Defendant and the defense counsel under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act were alleged to the effect that the Defendant was in a mental and physical state due to gambling addiction at the time of each of the instant crimes.

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