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(영문) 수원지방법원 안양지원 2018.01.11 2017고단2103
절도등
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[criminal records] On June 2, 2011, the Defendant was sentenced to four months of imprisonment with prison labor for larceny and two years of suspended sentence at the Seoul Central District Court, and was sentenced to four times of criminal punishment for the same kind.

[Criminal facts] The Defendant from around June 28, 2017 to the same year

8. Until October, 100, while serving as an employee in the clothing store, “G” where the victim F of the victim’s 4th floor located in Ansan-si, the victim F works in the “G,” which was located in the 5th floor below the above department store, stolen the clothing in the above 5th floor, disposed of, and subsequently, disposed of, the clothing in the above 5th floor below the above 5th department store, thereby incurring debt due to gambling, and resulting in raising gambling funds, and planned to commit the crime, such as copying the key of the above 4th floor in advance.

Defendant continued to do the same year

7. From middleman to October of the same year, the above employees opened the entrance door of the above underground warehouse and opened the entrance door of the above underground warehouse 50 o'clocks around 8 o'clocks before and after the above 8 o'clocks that they did not have access to the above underground warehouse, and used them as the key for which approximately 40,247,00 won in total of the market price of the victim's management were stored in the air bags owned by the defendant, as shown in the list of crimes in the attached list.

Accordingly, the defendant invadedd a structure managed by the victim and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense (a point of Section 329, choice of imprisonment) and Article 319 (1) of the Criminal Act (a point of intrusion on buildings and choice of imprisonment with prison labor);

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. The reasons for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order, in spite of the fact that the defendant had been punished for the same kind of crime several times, and again, committed the instant crime, and the degree of damage is not less exceptionally applied.

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