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(영문) 인천지방법원 2017.04.19 2016고단8732
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

On December 11, 2016, one knife, etc. (No. 4), one knife (No. 5) seized, one knife (No. 5).

Reasons

Punishment of the crime

[Criminal record] On September 6, 2012, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court, and completed the execution of the sentence on June 7, 2016.

[2] On December 11, 2016, the Defendant: (a) around 03:30 on December 11, 201, 2016, the Defendant: (b) destroyed the “E operated by the victim D” in the Nam-gu Incheon Metropolitan City, Seoul; (c) destroyed the glass entrance by breaking it out with the predetermined door (40cm in length) prepared in advance; (d) opened a lock-up and intrude into the lock-up system; and (e) stolen the Defendant, with KRW 13,900, the Victim’s possession, while keeping the lock-up system in custody in the lock-up.

On November 29, 2016, the Defendant: (a) on November 29, 2016, at around 01:55, 2016, opened and intruded the closed door door of the cafeteria which was not corrected; and (b) cut off the cash of KRW 29,000 owned by the victim in the Kashter credit cooperative.

Summary of Evidence

1. Previous convictions as stated in the judgment: A criminal investigation report (Attachment of the previous convictions and the court rulings) and personal confinement status [Attachment 21, 22 of the 2016 Highest 8732 Table of Evidence] “2016 Highest 8732];

1. Statement by the defendant in court;

1. Written statements of D: "2017 Highest 1444";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (investigation of oils);

1. Article 331 (1), Article 330 (Special Larceny) of the Criminal Act and Article 330 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. Crimes No. 1 for the reason of sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment ] Crimes against general property / [the scope of punishment ] Crimes against general property / [one year and six months to four years] of the aggravation area (a special mitigation (special mitigation) / deadly weapons are carried, or crimes against general property / [the scope of recommending punishment] of the same type of repeated crime not falling under the aggravation of specific crimes (aggravating crimes).

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