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(영문) 서울서부지방법원 2014.08.28 2014고단1852
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 13, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended sentence for special larceny in Seoul Western District Court on May 13, 201 and the judgment became final and conclusive on May 21, 2014, and is currently under suspended sentence.

【Criminal Facts】

1. On June 23, 2014, around 03:16, the Defendant: (a) opened a corrected entrance in Seodaemun-gu Seoul and 102 “D”; (b) opened the office, and intruded into the office, and used the victim E-owned market value of KRW 1.5 million, which is the victim E, and stolen the same.

2. Larceny;

A. On June 21, 2014, at around 03:00, the Defendant cut off KRW 100,000,000, the sum of KRW 50,000,000, total of KRW 2,000,00 in cash, which is owned by the victim, on the ground that the victim H used the rest of the rest of the toilet in which the victim H would play a toilet in the game.

B. At around 17:50 on July 3, 2014, the Defendant cut off cash of KRW 40,000,00,000, which is the victim’s possession in the 2nd floor of the Red Senior Welfare Center in Seodaemun-gu Seoul, Seoul, 9:20,00, using the gap in the 2nd floor of “Scare Senior Welfare Center for the Aged,” the Defendant used the 40,000 won, student card, resident registration certificate, Korean bank body ck cards, agricultural bank card, cash receipt card, credit card, credit card, new global point card, nife card, nife card, etc., from the market price of KRW 50,00,00,000,000, in which the 3nd floor of the “Scar Senior Welfare Center for the Aged Senior Citizens” was located.

Summary of Evidence

1. Defendant's legal statement;

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

1. Each police statement made to E and I;

1. A H statement;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330, 329, and 329 of the Criminal Act which choose punishment (the occupation of larceny at night), and Article 329 of the Criminal Act (the occupation of larceny and the choice of imprisonment);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.

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