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(영문) 춘천지방법원 강릉지원 2017.08.08 2017고단607
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for the attempted special larceny in the Gangnam Branch Branch of the Chuncheon District Court, and completed the execution of the sentence in the original prison on May 5, 2014.

1. On January 30, 2017, the Defendant committed the crime of January 30, 2017, around 05:5:58 on January 30, 2017, at the vicinity of the 'D' restaurant operated by the victim C (n, 41 years old) (hereinafter referred to as the “D”), the Defendant: (a) completed the restaurant business; (b) went into the said restaurant business through the cresh of the cresh; (c) opened the 70,000 won in cash; and (d) went into the said cresh by taking advantage of the cresh of the cresh of the cresh; and (d) opened the cresh of the market price in the

Accordingly, the Defendant destroyed the property owned by the victim and stolen the property of the victim by impairing the victim's structure at night.

2. On February 10, 2017, the Defendant: (a) around 04:00 on February 10, 2017, 201, hereinafter “G restaurant in the operation of the Victim F (n, 54 years old); (b) on February 10, 2017, the Defendant laid down the said restaurant window in the vicinity of the said restaurant by gathering the stones (30 cm wide, 20 cm long, 20 cm long) located near the said restaurant by taking advantage of the gaps in which the damaged person returned back the restaurant business, and carried out the said restaurant window with 12,000 won in cash stored in the said restaurant, and 2 kmg in the market price in which the said restaurant was kept in cash.

Accordingly, the defendant stolen the victim's property by destroying and impairing part of the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Each related photograph;

1. Seizure records;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of criminal history and attachment of the same type of crime), copies of each judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant provisions of the Criminal Act and Articles 331(1) (a) and 330 (a) and 366 (a thief for intrusion on a structure at night) 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. Reduction of a small amount;

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