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(영문) 광주지방법원 순천지원 2019.05.23 2019고단149
특수절도
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On May 27, 2016, Defendant A was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Suwon District Court on December 17, 2017, and the execution of the sentence was terminated in the female prison on December 17, 2017. On July 5, 2018, Defendant A was sentenced to imprisonment for two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on July 9, 2018.

Defendant

B On January 18, 2016, the Suwon District Court sentenced two years to imprisonment for habitual night intrusion larceny and the execution of the sentence was terminated on October 11, 2017, and on June 1, 2018, the judgment was finalized on June 9, 2018.

【Criminal Facts】

The Defendants were willing to steal money and valuables by intrusion upon the unresh apartment in the Suwon detention house, which was known to the Defendants at the Suwon detention house.

At around 19:50 on March 6, 2018, the Defendants: (a) 19:50 on May 6, 2018, on the fact that the back bed with the rear bed window was opened at the house of the victim victim E; and (b) on the part of the victim’s house, Defendant A went into the house of the victim; (c) 1, 2, and 2, the victim’s market price in the inside the inside the inside the inside of the inside of the inside of the inside bank, and Defendant B had one string of the unrested market price in the victim’s possession.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A CCTV image closures;

1. Previous records: Relevant criminal records, the current status of each disposition and the results of confirmation, the current status of confinement for each individual, and the application of a copy of each decision;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

1. Discretionary mitigation (defendants) of the Criminal Act;

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