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(영문) 서울동부지방법원 2019.10.14 2019고단2615
절도등
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than two months for a crime set forth in the decision of the court below.

Reasons

Punishment of the crime

On April 12, 2019, the Defendant was sentenced to a suspended sentence of imprisonment for four months due to night buildings, intrusion of buildings, larceny, etc. in the Chungcheong District Court, and the judgment became final and conclusive on April 20, 2019.

1. On November 7, 2018, the Defendant committed the crime before April 20, 2019: (a) committed in the same manner, around 02:0, the Defendant stolen KRW 1,540,00 in total six times from around that time to February 13, 2019, in total, six times, as indicated in the [Attachment] list Nos. 1 to 6, as indicated in the following method, by opening an object box and inserting up 100,000 won in cash from the wall inside the wall used by the victim D at the spacks of the fourth floor of the victim D.

2. Crimes committed after April 20, 2019.

A. At around 01:00 on May 14, 2019, the Defendant: (a) opened an object box and brought about 1.80,000 won in cash from a wall in the same place to May 21, 2019; (b) took a theft of KRW 330,000,000 in total three times in total, including the table of crime Nos. 7,8, and 9, in the same manner, from around that time to May 21, 2019.

B. On May 26, 2019, the Defendant, around 01:30 on May 26, 2019, was exposed to police officers in diving and did not commit an attempted crime while opening a string 227 objects, which were not corrected, in order to coloring things to be stolen from the above “C” or the male escape room of the fourth floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, D, H, I, J, K, and L;

1. Police seizure records;

1. Investigation report (27) (the date and time of committing crimes related to the victim D), followed by the victim;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal investigation reports (the same kind of power of the accused);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Aggravation concurrent crimes;

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