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(영문) 대전지방법원 천안지원 2018.04.19 2018고단60
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Judgment that constitutes a single concurrent crime after Article 37 of the Criminal Code] On January 4, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for a special larceny at the Cheongju District Court on January 12, 2018, and the said judgment became final and conclusive on January 12, 2018.

[Criminal facts] On December 31, 2017, the Defendant came to the “E” legal party operated and residing by the victim D in Nam-gu, Nam-gu, Nam-gu, Dong-gu, Seoul on December 31, 2017, and entered the kitchen entrance in front of the kitchen entrance. The Defendant 50,000 won in cash in the wooden boxes located above the front part of the kitchen entrance, and 81,000 won in cash in the lower part of the wooden boxes.

They go back.

Accordingly, the Defendant destroyed door at night and invadedd a structure, thereby cutting down cash of 131,00 won owned by the victim.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Each statement;

1. On-site photographs, etc. [Final Judgment constituting a single concurrent crime after Article 37 of the Criminal Act];

1. Written inquiry about criminal history, etc.;

1. Application of each statute of the judgment;

1. Relevant provisions of the Criminal Act and Articles 331 (1) and 330 of the Criminal Act concerning the crime (Optional to Imprisonment);

1. The latter part of Article 37 of the Criminal Act: Provided, That the former part of Article 39 (1) and the reason for sentencing in the latter part of Article 39;

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