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(영문) 수원지방법원 안양지원 2019.03.05 2018고단1616
특수절도
Text

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

Reasons

Punishment of the crime

[Criminal Power] On March 30, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny in the Busan District Court’s Branch Branch Branch, and was released on August 2, 2017 and the judgment became final and conclusive on September 27, 2017.

【Criminal Facts】

1. Damage to property, and the Defendant entering a structure from April 24, 2018 to April 25, 2018, at the D cafeteria operated by the victim in Ansan-si B during the period from April 21, 2018 to April 25, 2018, the Defendant opened a tent installed in the following part and went into the cafeteria, thereby destroying the cafeteria door by opening the cafeteria door and destroying the cafeteria, and intrusion on the cafeteria.

2. The Defendant, at the time and place specified in paragraph 1, stolen 40 out of approximately 10 fakes owned by the said victim C and stolen them.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of victim C;

1. On-site photographs;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to criminal records and confirmation on the expiration of the term of punishment (including attached documents);

1. Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 329 of the Criminal Act concerning the facts constituting an offense (the point of causing damage to property), Article 36 of the Criminal Act, Article 329 of the Criminal Act (the choice of imprisonment with prison labor);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations based on the sentencing criteria: Imprisonment for between August and February; and

(a) Crimes No. 1 (Determination of Punishment) Destruction and Damage [No. 1] Destruction and Damage of Property, etc. [Special Aggravation] : Aggravation area of same repeated crime [Recommendation and Recommendations] Aggravation area, imprisonment with prison labor for August through January 16;

B. Class 2 (Determination of Punishment) thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

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