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(영문) 서울서부지방법원 2015.04.22 2015고단538
특수절도등
Text

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

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to one year to imprisonment with prison labor for special larceny, etc. at the Gwangju District Court on September 29, 2013, and completed the execution of the sentence in the Gwangju Prison on September 29, 2013, and on November 6, 2014, the Seoul Western District Court sentenced eight months to imprisonment with prison labor for night-time structure intrusion, larceny, etc. at the Seoul Western District Court on November 14, 2014, and the judgment became final and conclusive.

(Criminal Facts)

1. On August 4, 2014, at around 22:30 on August 4, 2014, the Defendant: (a) intruded into the “Ecafeteria” operated by the victim D in Seongbuk-gu, Sungnam-si; and (b) stolen a total of KRW 49,000,000, totaling 49,000, which was in custody of the victim and was in the knife.

2. On August 16, 2014, around 23:13, the Defendant: (a) intruded from “H” restaurant for the operation of the Victim G in Seongbuk-gu, Seongbuk-gu, Sungnam-si, to a main room with no inner gate; and (b) cut off one of the cityless kimchi lines containing kimchi owned by the victim in the air conditioners at night; and (c) cut off one of the cityless kimchi lines, which includes kimchi owned by the victim.

3. An attempted larceny at night;

A. On August 14, 2014, the Defendant intruded into the house of the victim Jadong 101, Sungnam-gu, Sungnam-si, Sungnam-si, Subdivision-dong 101, through open bed, and it was difficult for the Defendant to carry with it the scrap metal, such as Aluminium shotum, in which it was located, and thereby, continued to do so.

B. On August 14, 2014, at around 01:15, the Defendant intruded into the L cafeteria located in Chungcheongnam-gu, Sungnam-si, through an open window installed by the staff’s lodging room, and then did not commit an attempted crime by the victim M, who was living there, escapeing the sound as it is, and did not commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of M;

1. Written statements of G, J and D;

1. Previous convictions indicated in judgment: Investigation reports (the confirmation of repeated crimes of suspects - Attachment of sentences and electronic data, etc.), investigation reports and confirmation of criminal records of defendants - latter part of Article 37 of the Criminal Act;

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