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(영문) 수원지방법원 안산지원 2017.10.26 2017고단2018
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 16, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny in the support of Suwon Franchisium, and completed the execution of the sentence at the Gansung Vocational Training Institution on October 3, 2015.

[Criminal facts]

1. On June 17, 2017, around 03:13, the Defendant: (a) intruded into the victim D’s inside and outside of the store by any unreshed window in Ansan-si, Ansan-si; (b) the victim’s cash owned by the victim; and (c) the victim’s 2.60,000 won in the market price; and (d) the victim’s 90,000 won in the market price.

The total amount of KRW 350,000,000, such as 100,00, was stolen.

2. Larceny;

A. On June 30, 2017, around 02:15, the Defendant: (a) opened a door in a way to look at the parts of the Victim G, which was parked in the FJ car located in the front of the Dong-gu, Ansan-si; (b) opened a door by inserting the parts of the Victim G, which were parked in the front of the FJ car; and (c) cut off with the face of KRW 2,00,00, which was owned by the victim who was on the front of the driver’s seat and the chief lighting

B. On June 30, 2017, around 02:25, the Defendant discovered and stolen the K Kakn-ray car owned by the victim J, which was parked in the first way of the member-gu, Ansan-si, Ansan-si, and used the 200,000 won in cash, which was owned by the victim and was receiving the driver’s seat by opening a door in the same manner as the above paragraph (a) and putting the 200,000 won in cash, card, and driving license.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, L and G;

1. Identification of the identity of the fingerprints in the theft case, and details of the detailed description of the chassis;

1. On-site photographs;

1. On-site photographs and closures of CCTV images;

1. Each related photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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