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(영문) 서울남부지방법원 2016.08.10 2016고단2526
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized divers 2 (No. 1) shall be confiscated.

Bicycles seized.

Reasons

Punishment of the crime

The defendant is a person who, as the nationality of the People's Republic of China, entered the Republic of Korea on March 14, 2015 and currently stays illegally.

1. Around April 21, 2016, the Defendant: (a) around 04:45 on April 21, 2016, at the front of the E-cafeteria operated by the Victim D in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (b) laid down the pipe of the entrance door on the roadside; (c) stolen KRW 100,000 from the cash entrance and exit machine located in the restaurant.

2. From April 9, 201 to June 2, 201, around 03:01 on April 9, 201, the Defendant: (a) intruded into the restaurant through the main window not corrected to the restaurant; and (b) stolen KRW 134,00 from cash entry machine inside the restaurant, and stolen KRW 134,00 in cash from the cash entry machine inside the restaurant; (c) as indicated in the attached list of crimes, from around April 9, 2016 to June 2, 2016, the Defendant stolen the total amount of KRW 979,000 in cash and KRW 150,00 in market value over 11 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, J, K, L, M, G, D, N,O, P, and Q;

1. Reports on each occurrence of a crime;

1. A report on investigation (a CCTV investigation at an generated place);

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to records of seizure, lists of seizure and photographs of seized articles;

1. Article 331(1) and Article 330 of the Criminal Act concerning facts constituting an offense (a special larceny) and Article 330 of the same Act (a crime committed by intrusion upon residence 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. From 1 to 2 years of imprisonment with prison labor for special larceny on the sentencing guidelines, each of the following: (a) imprisonment with prison labor for at least eight months to 1:6 months; (b) imprisonment with prison labor for at least one year; (c) imprisonment with prison labor for at least one year; (d) imprisonment with prison labor for at least four types of theft in general property (special aggravated factors: intrusion into a building, such as night destruction and damage; and (d) special mitigation factors: intrusion into a place other than an indoor residential space).

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