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(영문) 창원지방법원 통영지원 2018.03.29 2018고단225
특수절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2018, the Defendant: (a) committed the crime against the victim C, with cash of KRW 80,000,00 in total, including KRW 5,00,00, 15, 200, 200, 300, 300, 300, 15, 300, 200, 300, 300, 200, 300, 200, 300, 300, 200, 200, 30,000, 30,000, 30,000, 30,000.

2. On February 5, 2018, around 00:15, the Defendant: (a) committed the crime against the Victim F, committed a theft with cash of KRW 100,000,00 in total, including KRW 5,000, 28, 27,000, and KRW 27,000,000, in total, the victim’s door locks opened by the victim was cut in the same way as described in paragraph 1, before “H, operated by the victim in Scam G” food operated by the victim in Scam.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. Application of the Acts and subordinate statutes to each investigation report (Attachment of photographs of police officers in mobilization, attachment of a suspect's water source, and image of a suspect who has recorded CCTV alternative to I district);

1. Article 331 (1) of the Criminal Act in relation to a crime (the point of special larceny) of the same Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment] according to the basic area (one year to two years) of the types of general property [the person subject to special mitigation] the penalty non-members [the person subject to special mitigation] [the person subject to special aggravation], or the recommended punishment according to the guidelines for handling multiple crimes (four types) of intrusion upon residence damaged at night or at night: Imprisonment with prison labor for one year to three years.

3. The sentence of sentence has already been imposed three times for the same kind of crime; and

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