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(영문) 광주지방법원 순천지원 2015.10.16 2015고단1342
특수절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized divers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On April 1, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. in the Gwangju District Court's Yacheon Branch, and on August 24, 2010, the Defendant had a total of 14 times theft criminal records, including the completion of the execution of the sentence in a wooden prison.

On June 12, 2015, at around 02:00, the Defendant opened a correction device of the window of the above office with D'E convenience store operated by the victim D in Mayang-si and the F's main office connected to the A's building, and moved the A's indoor office to the warehouse of convenience store, and cut off the CCTV and cash payment electric power line with the convenience store using the gate.

After all, the defendant abused the convenience store through the warehouse and stolen the amount of 3,252,530 won in total, including 9,530 won in cash, amounting to 1,460,000 won in the market value, 9 pieces in sight of 353,00 won in the market value, 520,000 won in the market value, and 3,252,530 won in the market value.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

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

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] 4 types of theft (special mitigation (special mitigation (special mitigation) / In the case of intrusion upon a life-type crime, an indoor residential space, or an indoor residential space (type 4) / In the case of carrying a deadly weapon, or in the case of intrusion upon a structure other than an indoor residential space (type 4) / [decision of sentence] despite having been punished by multiple concurrent crimes, the crime of this case was committed again even though the defendant was punished by multiple concurrent crimes, and the number of crimes committed also has been considerably close, and the Act on the Punishment of Crimes does not mean that the victim does not want the punishment, and all other circumstances such as the defendant's depth is considered.

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