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(영문) 수원지방법원 2017.08.08 2017고단3375
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 24, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Eastern District Court for a maximum of one year and six months, and on December 22, 2016, the Defendant completed the execution of the sentence at Chuncheon Prison.

[2] On February 3, 2017, the Defendant: (a) committed a theft of KRW 30,00,00 in cash in S3 mobile phone case and KRW 3983,00,00,00,000,000 from around 3:0 to around 3:45,20 to around 3:00,00 to around 19:5,000 to around 3:0,000,000 to around 3:5,000,000 the victim’s market value, which is the victim’s ownership, was intruded with an unlocked door and stored in the display stand, and caused a theft of cash owned by the victim; and (b) the Defendant, on February 3, 2017, 3:5, up to 7:00 to 3:5,00,000 to hereinafter “F restaurant in Seocheon-si, Seoul; and (c) the victim, who was the victim’s cell phone, was 5 gal.

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation reports (Confirmation of details of damage inflicted on a victim);

1. CCTV photographs for crime prevention;

1. Previous convictions: References to inquiries, such as criminal history, the current status of personal confinement, the previous convictions of the disposition, and the results of the confirmation of the previous convictions, "2017 order 3983";

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Investigation report (victim G telephone investigation);

1. Application of the photographic Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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

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

1. The scope of the sentencing guidelines recommended by the Sentencing Committee;

A. In each night-time structure theft [type of larceny] where the mitigation area [special aggravation factors] is mitigated (special mitigation factors] of types 4 (Intrusion Larceny) for general property, the same type of repeated crime [special mitigation factors] is indoors.

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