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(영문) 수원지방법원 여주지원 2017.05.31 2017고단390
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 12, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for night residence intrusion larceny at the District Court, and on March 7, 2008, on March 7, 2008, the same court was sentenced to imprisonment with prison labor for special robbery and was sentenced to seven times of punishment for the crime of the same kind.

1. On March 18, 2017, the Defendant committed the crime against the victim C at around 02:33, around 02:00,000 won in cash from the victim’s wall located in the Kashter display belt located in the Kashter, where he/she went into front of a restaurant operated by the victim, or “E” restaurant operated by the victim, and where he/she was not corrected, intrudes the victim’s inside the Kashter display belt.

L. A. L. theft was committed.

2. On March 25, 2017, at around 01:34, the Defendant committed the crime against the Victim F, committed a theft by taking advantage of the Defendant’s acquisition of the Defendant’s 10,000 won of the market price, which includes the Defendant’s cash 70,000 won, in front of the G, Echeon-si G, and H’s restaurant operated by the victim, and by not being corrected.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to reports on occurrence of a disaster;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The reason for sentencing under Article 50 / [the scope of recommending punishment] the mitigated area ( August to one year and six months) [the person specially mitigated] where he intrudes into any place other than indoor residential space / [the decision of sentencing] / 10 months (the decision of sentencing] imprisonment with prison labor for 10 months (the defendant who has been punished several times for committing the same type of crime, has no substantial amount of damage, and has no agreement with the victims, etc.)

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