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A defendant shall be punished by imprisonment for not less than eight months.
One child seized shall be returned to C by the victim (No. 1).
Reasons
Punishment of the crime
[Criminal Records] On August 20, 2010, the Defendant was sentenced to one year and eight months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court, which was released on February 28, 2011, and the parole period expired on March 31, 201.
【Criminal Facts】
1. At around 05:05 on July 14, 2013, the Defendant: (a) opened a storage box of the victim C owned by the victim E 125cc PCX-si located in the 1st floor parking lot in Gangseo-gu Seoul Metropolitan Government; and (b) cut off with one non-child of the amount equivalent to KRW 5,000 in the market price contained therein.
2. On July 14, 2013, the Defendant: (a) around 05:15, the Defendant: (b) opened and intruded at the “G” coffee shop with the first floor of the Gangseo-gu Seoul Metropolitan Government F. 1st century, with a cash of KRW 592,00,000, which was located in the Kabter’s treasury, after completing the business by the victim H and opened an open door that is not set up.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of H and C;
1. On-site inspection reports and investigation reports (verification of on-site inspection time);
1. “Gac shop”, CCTV video CDs in D building;
1. Previous convictions indicated in judgment: To apply inquiry reports, investigation reports (the name of the crime, changes in applicable provisions of Acts and subordinate statutes, and confirmation of the period of repeated crimes);
1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. Determination on the assertion of the defendant and defense counsel under Article 333(1) of the Criminal Procedure Act for the Return of Victims
1. The alleged Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.
2. According to each of the evidence described in the summary of the judgment evidence, witness I, J’s each legal statement, K cafeteria receipt, Lcafeteria receipt (Evidence No. 2 and 3 submitted by the Defendant), the Defendant may recognize the fact of drinking prior to the instant crime, but on the other hand, the circumstances leading to the instant crime recognized by each of the above evidence.