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(영문) 서울동부지방법원 2016.09.29 2016고단2802
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual night structure larceny at the Cheongju District Court for one year and two months on June 1, 2016 and completed the execution of the sentence at the Cheongju District Court.

1. On July 25, 2016, at around 01:24, the Defendant: (a) was in a restaurant operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City; (b) was influored by opening the back door correction device of the said restaurant into Draber; and (c) intruded into it; and (d) was stolen with the cash of KRW 80,000,000, which is owned by the victim, from the wall that was placed on the main kitchen

2. On August 9, 2016, around 04:04, around 04:04, the Defendant: (a) opened a cosmetic operated by the victim FF in Gwangjin-gu Seoul Special Metropolitan City; and (b) intruded into the cosmetic and stolen a 300,000 won in cash, which was owned by the victim in the process of calculating the place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A written statement of F and D;

1. Police seizure records;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the text of the judgment and personal confinement status);

1. Relevant legal provisions concerning facts constituting an offense, Article 331(1) (the occupation of special larceny), Article 330 (the occupation of larceny) of the Criminal Act, and Article 330 (the occupation of larceny against at night) of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. Scope of recommending punishment: A person who intrudes into places, other than indoor residential space or repeated crime in the basic area (one year to two years) of the theft against general property;

2. Although the Defendant, who was sentenced to the punishment of this case in depth, commits the crime of this case in the same kind immediately after the execution of the sentence is completed, the sentence shall be determined as ordered in consideration of the various sentencing conditions stated in the arguments of this case, such as the fact that the Defendant was punished as a habitual night structure intrusion larceny, and the same type of crime is committed again immediately after the execution of the sentence is completed. The amount of damage, and the scope of the sentence recommended

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