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(영문) 청주지방법원 충주지원 2018.07.11 2017고단811
상습절도등
Text

The defendant shall be sentenced to three months of imprisonment with prison labor and two years of imprisonment with prison labor for the remaining crimes as set forth in Section 2-A(1) of the judgment of the court.

Reasons

Punishment of the crime

[criminal records] On December 16, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, fraud, computer, etc. at a Suwon prison on December 16, 2015, and the judgment became final and conclusive on December 24, 2015, and on April 30, 2016, the execution of the said punishment was terminated at the said prison.

[Criminal facts] 1. 2017 Highest 811, and 2017 Highest 880

A. At the same time, the Defendant habitually stolen, and around 01:00 on June 5, 2017, at the 201:00, the “D” room located in Chungcheongnam-si, Chungcheongnam-si, Gyeong-si, Gyeong-si, Gyeong-si, Gyeong-si, the victim E laid his/her mobile phone on the floor and stolen the crepans inf mobile phones equivalent to KRW 800,000,000, market price of other victim’s possession.

No. 1-A. (1) of the holding was charged with larceny as 2017 Godandan880, but this part of the crime was attributable to the realization of the same thief as the crime of larceny committed habitually at night, which was charged by 2017 Goand 811, and is in the relation of a comprehensive crime.

I would like to say.

In addition, even if the court recognizes the criminal facts prosecuted for concurrent crimes as they are, it can be punished as a single comprehensive crime without changing the indictment, since the legal evaluation on the number of crimes is different, it does not put any disadvantage to the defendant's defense (see Supreme Court Decision 2011Do15356, Jan. 26, 2012). Thus, the criminal facts of Article 1-A (1) of the judgment without changing the indictment are stated as the criminal facts of larceny at night buildings at night.

2) On September 30, 2017, at H church located in G on September 19, 2017, the Defendant habitually stolen the said church with a door opened without any people to correct any cresh in the said church, and intruded inside, and with a cash of 160,000 won, 160,000 won, I cooperation CPC card, a resident registration certificate, and a driver’s license.

In addition, from June 2, 2017 to October 14, 2017, the Defendant made a total of 12 times as shown in attached Table 1, as above, from around June 2, 2017.

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