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(영문) 서울동부지방법원 2018.06.07 2018고단1213
특수절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On December 7, 2016, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Seoul Eastern District Court, and on April 1, 2018, the Defendant completed the execution of the said punishment at the Jung Eup prison on April 1, 2018.

[Criminal facts]

1. On April 8, 2018, around 03:20 on April 8, 2018, the Defendant: (a) destroyed and intruded into the entrance door door door lockeds, and brought about three cash 40,000 won, call 3, and yarns owned by the victim D; (b) one food convenience; (c) one yellow map; and (d) one spawn pattern.

2. On April 9, 2018, around 02:17, the Defendant: (a) damaged and intruded the part of the back-to-door locks of the cafeteria, which was the “H” restaurant operated by the victim G in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu; and (b) carried 1.50,000 won in cash owned by the victim’s clothes.

3. On April 11, 2018, at around 05:52, 2018, the Defendant: (a) damaged and invaded the entrance lock part to the K cafeteria operated by the victim J of Gangdong-gu Seoul Metropolitan Government; and (b) maintained a powder of the amount equivalent to KRW 400,620 in cash owned by the victimJ and KRW 64,00 in modern card; (c) 2 boxes in total amount of KRW 82,00 in market value; and (d) 70,000 in total in market value.

Accordingly, the defendant stolen the property owned by the victims by destroying the door at night and impairing the structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of G, D and J;

1. A photograph of the damaged scene;

1. A report on internal investigation (to hear statements from victims);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation reports (prior convictions and confirmation of repeated crimes), ten copies of the judgment, application of Acts and subordinate statutes concerning personal confinement;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

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

1. In the event of unfavorable circumstances for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The instant crime is destroyed by a locked part at night and is destroyed by a structure.

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