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(영문) 서울남부지방법원 2014.08.20 2014고단2589
절도등
Text

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

Reasons

Punishment of the crime

[criminal power] On November 9, 2012, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Busan District Court’s Vice-Support on November 9, 2012, and completed the execution of the said sentence on September 21, 20

【Criminal Facts】

1. On July 8, 2014, around 14:00 on July 8, 2014, the Defendant: (a) stolen the thiety string strings, which were suffering from a car in the Gangseo-gu Seoul Metropolitan Government Fire-Fighting Dong as soon as possible; and (b) stolen the thiety strings.

2. On July 11, 2014, at around 14:09, the Defendant: (a) discovered the key in the decentralization in front of the entrance; (b) opened the entrance door and intrude into the house; and (c) intruded the victim’s residence by thefting property at the house of the victim D (Influence, 45 years of age) located in Gangseo-gu Seoul Metropolitan Government; and (d) opened the entrance door in front of the entrance.

3. On July 11, 2014, the Defendant stolen the said victim’s 5,00 won cultural products right, 7 copies of cultural products right, 5,000 won per market value, 2 pieces of gold 200,000 won per market value, 1, 1, 1, 8,90 won per market value, and 1, 200,000 won per 1,000 won per market value.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. On-site photographs;

1. Seizure records;

1. The list of seizure;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (attached to judgments, etc.);

1. Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting a crime (a thief) of the relevant Act;

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

1. Of concurrent crimes, the crime of this case is committed against the Defendant, even though the Defendant’s reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the period of repeated crime.

The fact that all the damaged goods were temporarily returned and the victim wants to take the preference against the defendant, and that the defendant recognized the facts of the crime and divided the wrong facts in depth is favorable.

In addition, the circumstances and means of the instant crime are as follows.

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