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(영문) 청주지방법원 2017.02.28 2017고단180
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On May 21, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual night structure theft at the Cheongju District Court, and completed the execution of the sentence on July 4, 2016 at the Cheongju Prison.

[Criminal facts]

1. Larceny;

A. On October 26, 2016, the Defendant shall not collect 30,000 won in cash owned by the victim in a D restaurant located adjacent to the account unit of the victim E, which was located adjacent to the account unit of the victim, in a D restaurant located adjacent to the Chungcheongbuk-gun C, Chungcheongnam-gun, Chungcheongbuk-gun, around 00 won.

As a result, the theft was committed.

B. On January 8, 2017, the Defendant: (a) opened a credit cooperative in the “GPC room” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) removed the cash amounting to KRW 420,000 in the victim’s possession from the “GPC room” located in the “GPC room” located in Seo-gu, Chungcheongnam-gu; and (c)

As a result, the theft was committed.

2. The fraud accused from around 10:41 on January 4, 2017 to the same month;

8. From the time of 08:29, the facts in the above GPC room showed the same attitude that they should pay even though there was no intent or ability to pay the PC usage fee or value, and it was received from the victim H the 93 hours to 48 minutes of PC use and the 78,500 won of the PC.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of H and E;

1. On-site CCTV images closure photographs;

1. A criminal investigation report (attaching screen of suspect's computer hours);

1. Previous convictions: Inquiries about criminal history, reporting on investigation (power of suspect repeated crime), copies of each judgment, and application of Acts and subordinate statutes concerning the status of personal confinement;

1. Relevant Article 329 of the Criminal Act and Article 329 of the choice of punishment for the crime (absent point, a choice of imprisonment with prison labor), and Article 347 (1) of the Criminal Act (absent point and choice of imprisonment with prison labor);

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

1. The mitigation area (one month to one year) of the mitigation area (one year) of type (one year) of the grounds for sentencing under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act (the scope of recommendation) of the Act on the Aggravated Punishment of Concurrent Crimes (the scope of punishment recommended) of Article 1 of the Act on the Aggravated Punishment of Concurrent Crimes (the person who is specially mitigated) of the Act on the Aggravated Punishment of Crimes.

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