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(영문) 수원지방법원 2016.07.06 2016고단1865
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 15, 2013, the Defendant was sentenced to three years of suspension of the execution of imprisonment with labor for special larceny, etc. from a prison prison labor for two years at a source of flood control, and on December 5, 2013, the Defendant was sentenced to six months of imprisonment with labor for special larceny, etc. from a source of flood control on December 5, 2013, and the said judgment became final and conclusive on May 28, 2014, the sentence of the said suspension of execution was invalidated and the execution of the sentence was completed on March 10, 2016.

In addition, on May 24, 2016, a person was sentenced to one year of imprisonment with prison labor due to intrusion upon residence and habitual larceny at the source of Suwon method, and on June 1, 2016, the said judgment became final and conclusive.

On April 7, 2016, at around 03:50, the Defendant: (a) opened a window that was not corrected in front of the Victim D’s Operation “E Scki” in Suwon-si, Suwon-si; and (b) intruded into the inside, and stolen food, such as 26,510 won at the market price of the victim’s possession in the display stand, which is located in the display stand, in plastic bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Photographss of damaged articles, prices of damaged articles, and photographs of the scene of the case;

1. Investigation report (the stolen damaged goods and prices);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the previous judgment and attachment thereof, and confirmation date of release from office);

1. Article 330 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The latter part of Article 37 of the Criminal Act: (a) the reason for sentencing under Article 39(1) of the Act on the Handling of Concurrent Crimes; (b) the reason for sentencing [the scope of recommendations] of Article 39(1) of the Act on the Larceny of General Property [No person in charge of special sentencing] [decision of sentencing] (a person in charge of special sentencing] of the basic area (one year to two years] of the Act on the Larceny of General Property; (c) the defendant again committed the instant crime during the period of repeated offense due to the same crime; (d) on the other hand, the defendant could have been tried together with the above previous offense; and (e) the fact that the amount of damaged goods is small

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