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(영문) 수원지방법원 평택지원 2017.10.18 2017고단1685
특수절도등
Text

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

Reasons

Punishment of the crime

1. From around 03:38 to 04:00 on August 5, 2017, the Defendant: (a) intruded the inside of the ticket office managed by the victim D in front of the G apartment in Ansan-si; (b) went into the ticket office managed by the victim D before the G apartment in Ansan-si; and (c) was stolen by taking property worth KRW 530,00 in total of the market price, such as a 350,000 in the market price, i.e., e., e., a lottery in an amount of KRW 350,00 in the market price, i., a lottery in an amount of KRW 30,00 in the market price, such as a lottery in the face value. On August 23, 2017, the Defendant: (a) went into the ticket office operated by the victim F of the G apartment in Ansan-si; (b) then, (c) went into the house office installed on the side of the G restaurant; and (d) took off the market price of KRW 700708.

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each statement of D and F;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes on site photographs and CCTV images photographs;

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning facts constituting an offense (the point of larceny in intrusion upon a structure at night);

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 (within the scope of the recommended sentencing criteria) of the mitigated amount;

1. Application of the sentencing criteria;

(a) Class 1 crime (the scope of recommending punishment) / [the scope of recommending punishment] 4 types of theft against general property (the special mitigation of four months to one year) (special mitigation of one year) / Where a person intrudes into any place, other than an indoor residential space, such as a living-type crime, an indoor residential space, in which case he/she carries a deadly weapon / Where he/she carries a deadly weapon, or where he/she intrudes into a residential damaged or at night-time damaged structure (four types);

B. Second Crimes (Special thief [Scope of Recommendations] thief for General Property: Four Types of thief (Intrusion thief) (4 months to 1 year and 6 months) for special mitigation area (special mitigation factors) (special mitigation factors) / Residential and indoor residential space.

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