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(영문) 서울중앙지방법원 2018.07.05 2018고단2312
특수절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 1, 2018, the Defendant: (a) entered the parking ice managed by the victim D, in the Seo-gu Seoul Special Metropolitan City, Seo-gu, No. 03:00, Seoyangyang-gu, and No. 1, into the victim D; (b) entered the parking ice with the window installed in front of and rear the window installed in the front of and rear the window; and (c) stolen with a light wing and parking ticket equivalent to the total market value of KRW 5,00,00, the victim owned at that place; and (d) committed a theft at night around 19 times in total from around that time until April 1, 2018, the Defendant committed a theft of the victim’s property or no money or valuables by impairing the victim’s building managed by the victims at night; and (d) did not receive any money or valuables from the victims due to the victim’s intrusion into the victim’s property management at night.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to photographs of a shoulder glass window, each investigation report (at a moment between 7 through 9, 32, 34 through 38, 40, 46), each field photograph, and each CCTV image duplicating photograph;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 331(1) of the Criminal Act (the point of special larceny), Article 329 of the Criminal Act (the point of Section 3, the choice of imprisonment), Article 330 of the Criminal Act (the point of larceny at night), Articles 342 and 331(1) of the Criminal Act (the point of larceny at night), Articles 342 and 330 of the Criminal Act (the point of attempted larceny at night), Articles 342 and 330 of the Criminal Act (the point of attempted larceny at night);

1. The sentencing guidelines set forth in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the scope of the recommended punishment [the scope of the recommended punishment] [the scope of the punishment] in the increased area (1 to June 4 years) of the fourth type (1 to June 4 years) of the Act on the Larceny for general property] (a person with a special aggravated punishment], or (4) in the case of carrying a deadly weapon, or in the case of committing a crime, such as intrusion into residence at night or intrusion into structure at night, etc., and some of the motive, degree of damage, etc. are considered.

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