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(영문) 광주지방법원 2017.02.15 2016고단5776
절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for interference with business affairs in the Southern Branch of the Gwangju District Court on September 17, 2014, and completed the execution of the said sentence in the Wood Prison on July 12, 2016.

1. On November 12, 2016, from around 01:00 to around 02:00 on the same day, the Defendant: (a) took 65 back the f5-way keys of the victim E, which were locked in Gwangju mine-gu, from around 01:00; (b) took advantage of the victim E’s hand handbry, the Defendant opened a 65-way door using the said keys; and (c) took 140,000 won in cash, which was owned by the victim, and stolen them.

2. On November 17, 2016, from around 04:37 to around 05:30 on the same day, the Defendant: (a) paid the 71 set up a soup key to the victim H’s knife at G in Gwangju Mine-gu in the same manner as Paragraph 1. Around November 17, 2016, the Defendant: (b) opened a 71 set up a sacker using the said key; and (c) took 400,000 won in cash, the victim-owned knife the knife of the victim’s knife.

3. From around 02:48 on December 14, 2016 to around 03:00 on the same day, the Defendant: (a) paid well 241 instant keys, which were set up by taking the victim I’s hand from G in Gwangju Mine-gu F, in the same manner as Paragraph 1., and (b) failed to discover the said keys to open a sacker and to steal money and valuables by using the said keys; (c) thereby, the Defendant did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, E, and H;

1. Each report on investigation;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and a report on investigation (report attached to personal confinement status);

1. Relevant Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for a crime;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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