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(영문) 수원지방법원 2020.09.01 2020고단1869
절도등
Text

The defendant shall be punished by a fine of 1,00,000 won for the crime No. 2 of the judgment of the court below against the crime No. 1 of the judgment.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of two months on July 12, 2019 to imprisonment with prison labor for night building intrusion and larceny at the Suwon District Court’s House, which became final and conclusive on July 20, 2019 and is currently under suspended sentence.

【Criminal Facts】

1. On November 8, 2018, at night, the Defendant: (a) intruded into the fourth male away room through a passage that he had become aware of while working in the said factory at Pyeongtaek-si B; (b) on November 8, 2018, the Defendant stolen the victim’s D-owned cash amounting to KRW 250,000,000,000 in the market price including one resident registration certificate, one driver’s license, one driver’s license, one physical check card for new banks; one Samsung Credit Card; one certified OTP card; and one certified OTP card; and (c) one cash amounting to KRW 200,000,000 in the victim E-owned KRW 1,50,000,000 in the market price.

2. A theft Defendant: (a) around 17:00 on August 20, 2019, the victim H residing together with the company dormitory G located in the F in Osan-si, Osan-si, stolen with one copy of the resident registration certificate, which was owned by the victim, including one resident registration certificate, one discharge certificate, one physical card of the Busan bank, etc., and one copy of the market price equivalent to KRW 60,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Each written statement of D and E;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of concurrent crimes), and copies of judgments in accordance with Acts and subordinate statutes of 2019No. 4555 shall apply;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to facts constituting an offense, and the choice of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act to treat concurrent crimes (even at night buildings, intrusionion and theft of buildings, and between night buildings, intrusion and larceny in which judgment becomes final and conclusive);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Act, the suspension of execution;

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