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(영문) 수원지방법원 안양지원 2017.06.09 2017고단344
특수절도등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Each special larceny;

A. On November 24, 2016, around 06:15, the Defendant: (a) entered a “D” restaurant operated by the victim C, which was located in king-si B; (b) destroyed the following window of the said restaurant; and (c) intruded into the said restaurant by using a stamper located in that place; and (d) cut off the 130,000 won in cash on the seat of the said restaurant.

B. On December 4, 2016, around 04:38, the Defendant opened the entrance door locks using drat and pents, and intruded into the above restaurant, and cut off with one cans located therein.

2. At night, the Defendant: (a) committed theft of intrusion on a structure at night; (b) came to a “J” restaurant operated by the victim I on the same day as the above-mentioned 1-B; (c) went into the said restaurant through an open restaurant; and (d) committed theft with a safe consisting of KRW 50,000 in cash, various contractual documents, etc. on the seat of the said restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C and I;

1. A statement prepared by the F;

1. Investigation report (written replys to an appraisal request);

1. The application of Acts and subordinate statutes to photographs of a place where a credit cooperative in the vicinity of an offender is abandoned;

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 of any building intrusion 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. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 62-2 of the Criminal Act on the observation of protection and observation is [the sentencing range according to the sentencing guidelines] victim C and F, each special larceny against general property - the mitigation area (the imprisonment of August to 1st June) (the imprisonment of one year and six months) (the special mitigation person) - The special mitigation person intrudes places other than indoor dwelling space.

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