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(영문) 대구지방법원 김천지원 2018.05.01 2018고단99
특수절도등
Text

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

Reasons

Punishment of the crime

1. On December 23, 2017, the Defendant: (a) around 03:00 on December 23, 2017, the Defendant: (b) opened a toilet installed at a cosmetic operated by the victim D in Gumi-si, Gumi-si; and (c) removed 80,000 won in cash, owned by the victim of the Kapite;

L. A. L. theft was committed.

2. Around January 28, 2018, the Defendant: (a) committed theft with property worth KRW 1,070,000 in total, including a 300,000,000, in cash owned by the said victim; (b) a nitrocal in the market price of KRW 700,000; and (c) a fluor in the said location at the said location, with a fluor’s window fluor’s window fluor; and (d) a fluor’s window fluor’s fluor’s fluor; and (d) a total of KRW 1,070,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Seizure records;

1. Application of Acts and subordinate statutes to a report on internal investigation (Attachment to field photographs), a report on investigation (verification of CCTV in the field), and a report on investigation (Attachment to CCTV photographs in the whole);

1. Article 330 of the Criminal Act (a thief in case of intrusion on a structure at night) and Article 331 (1) of the Criminal Act concerning facts constituting an offense (a thief in case of intrusion on a structure after night damage);

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Application of the sentencing criteria;

(a) Special larceny [Scope of Recommendations] th category of larceny for general property (Influence of intrusion larceny) (from August to one year and six months) (Special mitigated (influence of a person), committing a crime of living), committing a crime of punishment not punishable, and intrusion on structures, etc. that are damaged at night;

(b) Night-time building theft [the scope of recommended punishment] thief for general property, which is the special mitigation area (4 months to 1 year and 6 months) (person with a special mitigation area) / Residential mitigation area, non-permanentity for living;

(c) 8 months to 2 years from 8 months to 3 months from the application of the standards for handling multiple crimes (in addition to 1/2 of the upper limit of the sentence range of nighttime structure intrusion larceny, the upper limit of the sentence range of basic criminal special larceny);

2. The Defendant who rendered a sentence on December 23, 2017.

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