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(영문) 춘천지방법원 강릉지원 2017.01.25 2017고단35
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On December 24, 2016, at around 02:19, the Defendant: (a) opened a cafeteria that was operated by the victim D located in the East Sea; (b) opened a window behind the cafeteria that was not corrected and intruded into the inside; and (c) stolen the 10,000 won in cash, which is the victim’s possession, kept in custody during the payment period of the gold transfer.

B. On December 26, 2016, at the same time, the Defendant: (a) opened a cafeteria that was operated by the Victim G located in F in the East Sea, and intruded inside the cafeteria, and then stolen the Defendant, with one payment period of gold transfer equivalent to KRW 70,000 in the market price, which includes two guns, of cash 20,000, and vehicle keyss, which are owned by the victim; and (b) stolen them.

2. Around December 24, 2016, at around 02:22, 2016, the Defendant: (a) went into J health Center operated by the victim I of the damage in the East Sea; (b) destroyed the wind door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and stolen the cash, which was owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of D, I, and G;

1. A report on the results of field identification, a response to a request for appraisal, and a report on DNA personal information;

1. Application of each Act and subordinate statutes to photographs, photographs by cutting down each thief's images, photographs by cutting down each screen, each CCTV image, photographs by cutting down each CCTV at the scene of each crime, CCTV images, each CCTV image photograph, and each photograph;

1. Night residence larceny as indicated in the relevant legal provisions concerning criminal facts: Special larceny point as indicated in Article 330 of the Criminal Act: Article 331 (1) of the Criminal Act;

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed by special larceny as stated in the most serious punishment);

1. In addition, the recidivism of this case is committed only in two months after a judgment was rendered to suspend the execution of the same kind of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing).

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