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(영문) 수원지방법원 안산지원 2016.02.25 2016고단54
특수절도등
Text

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

Reasons

Punishment of the crime

On August 14, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on September 20, 2015.

1. On January 2, 2016, at around 01:42, the Defendant: (a) went to the “E Ski” store operated by the victim D, a member of the Gyeonggi-si, Gyeonggi-si, Gyeonggi-si; and (b) went to the place in mind by having the victim D take property stolen; (c) removed the windows of a simple warehouse connected to the front door of the building, such as the follow door of the “E Ski” store located behind the building; and (d) entered the “G restaurant, a store that connects the rear door of the building,” and then entered the “E Ski,” located in the relevant simple warehouse, knife, so as to damage the correction device.

As a result, the Defendant attempted to steal the victim’s property by destroying and damaging a part of the structure at night, the latter part of the structure, and infringing upon the victim’s right to correct, but the Defendant failed to do so.

2. Special larceny: (a) the Defendant: (b) destroyed the correction device in a way that the latter part of “G cafeteria” operated by the victim F, the store immediately adjacent to the same building, in hand; and (c) invaded the correction device in such a way that the latter part of the “G cafeteria,” thereby damaging the correction device; and (d) stolen the correction device in total with KRW 44 and KRW 500,000, total of KRW 7,400, including KRW 500, total of KRW 100, 500, the victim owned by the Defendant at the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to F in the police statement protocol;

1. Entry of the written statements of D;

1. Each description in the protocol of seizure (voluntary submission), list of seizure and investigation report (victim F specific);

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A) of a reply to inquiry, such as criminal history, report on investigation (Attachment of judgment attached), and personal identification and acceptance status (A);

1. Relevant Articles 342, 331(1) (a) (a point of attempted special larceny) and 331(1) (a point of special larceny) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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