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(영문) 수원지방법원 여주지원 2016.01.08 2015고단962
절도등
Text

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

Reasons

Punishment of the crime

[criminal history] On June 8, 2012, the Defendant was sentenced to two years and six months of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Support for Ansan of Suwon Friwon, and completed the execution of the above punishment on August 23, 2014.

[2] On May 31, 2015, the Defendant: (a) on May 31, 2015, the Defendant: (b) on the “Esing practice place” operated by Esing D with the victim D of Esing 1st and underground floors; (c) opened a locking machine by inserting a locking machine in the locking door, and opened the locking machine in the locker; (d) opened the locking machine in the locker; and (e) opened the locking machine in the locker; and (e) opened the locking machine in the locker, and 230,000 won in cash, including KRW 20,000 per day, KRW 20,000, KRW 2,000, KRW 20,000.

Accordingly, the defendant invadedd on a structure managed by the victim, damaged the property owned by the victim, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and records of the site pictures of the case;

1. Images of the visual images recorded outside the CCTV at the F amusement center;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of a judgment), and Acts and subordinate statutes on personal confinement/collection status;

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are favorable circumstances, such as the Defendant’s timing and depth of the instant crime, and the Defendant appears to have committed the instant crime by suffering economic difficulties. However, on the other hand, even if the Defendant had been punished several times for the same kind of crime, he/she committed another crime during the period of repeated crime, and other unfavorable circumstances such as the Defendant’s age, family environment, past history, amount of damage, and circumstances after the instant crime, etc.

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