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(영문) 서울서부지방법원 2018.04.17 2018고단474
특수절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal record] On April 10, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a thiefful indecent act) at the Seoul Western District Court on April 10, 2015, and completed the execution of the sentence on April 27, 2017.

[Criminal facts]

1. On November 2017, the Defendant attempted to larceny a structure at night, when she was placed in the new wall managed by Seodaemun-gu Seoul, Seodaemun-gu, and the victim D (V, 29 years of age) with the first floor, and cosmetics managed by the victim D (E) on the first floor, the Defendant attempted to commit theft of the structure at night. The crepans, such as the door, etc., was sealed onto the door, and the door, etc., was obstructed onto the place, and the Defendant attempted to steal the object by impairing the place. While the crepans in which the door was sealed, the Defendant did not open, but did not commit attempted crimes because the property was not tight on his/her hand.

2. Around December 1, 2017, at around 02:30, the Defendant: (a) committed a 'H’ clothes store operated by the victim G (hereinafter “W”) located in the Seoul Mapo-gu Seoul Mapo-gu Seoul F Commercial Building B148; (b) installed the entrance in front, rear, and rear the entrance; (c) intruded the store, and then intruded the corrective device installed under the inside the entrance in the front, rear, and rear, with the cash of KRW 30,000,000, which was owned by the victim in the front part of the two parts of the U.S. on his book.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Receipt of reports on damage, reporting on theft, investigation reports (a CCTV video recording inside H clothes), and investigation reports (Hearing statements from the E manager);

1. Video recording images of CCTV for committing a crime;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (prior convictions and confirmation of criminal records);

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 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 Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of sentencing recommended according to the sentencing criteria;

A. Special larceny in its holding [the scope of a recommended punishment] general property

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