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(영문) 수원지방법원 여주지원 2014.04.14 2014고단28
야간건조물침입절도
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 7, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny in Suwon District Court's female branch. On March 16, 2013, the Defendant completed the execution of the sentence in Suwon District Court's detention center.

On October 20, 2013, the Defendant: (a) around 01:00 on October 20, 2013, at the E convenience store operated by the victim C, who works for the Defendant as his employee, opened an entrance by using the cresh without any person who ends his business; and (b) invaded into the entrance, resulting in the theft of KRW 1 million in cash owned by the Defendant and the victim under his/her custody in the West.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. CCTV에 녹화된 피의자의 범행장면 및 현장�진

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation before and after the disposition, and confirmation of the date when the suspect was released recently);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reasons for sentencing under Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Order (the existence and scope of liability for compensation is unclear, and thus it is not reasonable to issue an order for compensation) are as follows: although the defendant partially compensates for the damage and agreed with the victim, the defendant is a crime of repeated crime committed due to the same criminal act; although the defendant several times of criminal records of the same kind, he/she again commits the

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