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(영문) 수원지방법원 2017.02.08 2016고단8124
야간방실침입절도
Text

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

Reasons

Punishment of the crime

[criminal history] On June 3, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny in a night room at a guard room at a flood guard, and the execution of the sentence was completed on November 29, 2016.

[Specific Crime]

1. On December 10, 2016, the Defendant: (a) entered the entrance to a toilet on December 10, 2016, through a entrance that does not correct the D Public Notice Hostel in Suwon-si C, Suwon-si; (b) around 03:49 on the same day, the Defendant: (c) reported the victim E to go to the toilet without locking the door 408 of the above Public Notice Hostel; and (d) went into the toilet on the part of the victim; and (c) collected KRW 31,00 in cash on the part of the victim, which was located in the part of the victim, after having intruded into the said 408.

L. A. L. theft was committed.

2. On December 12, 2016, at around 03:33, the Defendant entered the entrance through a entrance that does not correct the contact with the above D Public Notice, and concealed it into the corridor around 03:50 on the same day, the Defendant: (a) deemed the Victim F to go to the toilet without unlocked the door 403 of the above Public Notice, and (b) went into the toilet, and (c) took money 29,000 won in cash, which was 403 out of the victim’s batch.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Investigation report (to hear statements from victims E);

1. On-site photographs, on-site CCTV photographs, and data on images of crimes committed on December 12, 2016;

1. Records of judgment: References to inquiries, such as criminal history, confirmation of criminal suspects' repeated crimes, and application of Acts and subordinate statutes on the acceptance status of individuals;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment for the sentencing guidelines: the scope of the final sentence due to the aggravation of multiple repeated crimes of the same kind, which do not fall under the aggravation of specific crimes (a special sentencing person) in the basic area (one year to two years) of the 4 types of theft in general property; and the scope of the punishment for the general property [the scope of the recommended punishment] / The scope of the final sentence due to the aggravation of multiple repeated crimes of the same kind, which do not fall under the aggravation of specific crimes (a repeated crime): One year to three years;

2. The sentence of this case has the same kind of criminal records, and the defendant is sentenced to imprisonment for a crime during the same repeated crime period.

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