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(영문) 수원지방법원 평택지원 2015.11.20 2015고단1266
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

1. At night, the Defendant: (a) around 02:0 on August 12, 2015, the victim D in Pyeongtaek-si C and the second floor D opened and intruded into the second floor window on which the first floor container was not opened and the second floor container was not opened up; and (b) taken one copy of the victim’s bank cream card owned by the victim on the ground under the victim’s ownership, which was far away from the Kabter.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

2. Violation of the Specialized Credit Finance Act;

A. On August 19, 2015, at around 01:25, the Defendant ordered “G” stores located in Pyeongtaek-siF to use stolen credit cards by suggesting that he/she was his/her own possession and payment of the neck card of a national bank owned by D, which was stolen, as stated in the foregoing paragraph (1).

B. On August 19, 2015, at around 02:57, the Defendant ordered “I” stations located in Pyeongtaek-si H to provide alcoholic beverages equivalent to KRW 80,000, and used stolen credit cards by presenting the stolen Cze Card as if he/she was his/her own possession.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Texts, details of cards, and details of cards used;

1. On-site photographs;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the occupation of larceny at night), Article 70 (1) 3 of the Specialized Credit Finance Act (the occupation of using stolen debit cards and the choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Where the sentencing criteria are applied [the range of recommending punishment] the mitigated area (8 to 1 year and 6 months) (special mitigation) of all types of larceny for general property, other than indoor residential space (four types);

2. The facts that the Defendant recognized the instant facts charged and reflected his/her mistake are favorable to the Defendant, but the Defendant was on November 2013.

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