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(영문) 청주지방법원 영동지원 2015.05.28 2015고단93
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 1, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Youngju District Court’s Youngdong Branch, and the execution of the sentence was terminated on December 17, 201

1. On April 27, 2015, around 13:00 on April 27, 2015, the Defendant: (a) entered the building; (b) entered the victim D's farm warehouse located in Chungcheongbuk-gun C; and (c) entered the building through an open door with the intent to steals the property.

Accordingly, the defendant invadeds on the building managed by the victim.

2. Larceny;

A. At the time and place set forth in paragraph 1, the Defendant stolen 21,550 won in total, including 6 Kaca tape owned by the injured party D, 23 NAca and 24 NAcacs and 24 NAcacs on the sofa.

B. On April 27, 2015, at around 17:00, the Defendant: (a) committed a theft by carrying 30,000 rice bent 30 won (30,000 won) of the market value, which was put on a bicycle, before the bus stops located in Chungcheongnam-dong, Chungcheongnam-gun, Chungcheongnam-do; (b) the victim G attempted to deliver it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement concerning G;

1. Written statements prepared in D;

1. Records of seizure and the list of seizure;

1. A report on investigation (Attachment of a scene photograph) and a report on investigation (related to CCTV images at the scene of a crime);

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment of written judgments on the same criminal records), and application of Acts and subordinate statutes on screen pictures as a result of prisoners search;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (Influences into residence, Selection of Imprisonment), and Article 329 of the Criminal Act for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the Defendant committed the instant crime again during the period of repeated crimes due to larceny, on the grounds that the Defendant, who had been convicted of six times in total, including five and more criminal records for the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, committed the instant crime. Therefore, the Defendant is sentenced to strict punishment.

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