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(영문) 수원지방법원 2016.06.02 2015고단2657
특수절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant was aware that he was retired from office for five months from the 'D' store operated by the victim C' store, and that he was retired from office at the 'D' store operated by the victim and the 'F operated by the victim E' store operated by the victim, while he was aware of the fact that he was leaving the normal cash at the Kabter’ store, he was able to steal the cash by intrusion upon each of the above iron shops at night.

1. An attempted special thief;

A. On December 6, 2014, at around 24:00, the Defendant: “D operated by the victim C in 110 dong 115, G commercial building in 110 dong 115; and, at the same time, did not come into an attempted attempt by the Defendant on the ground that the Defendant opened the said iron store entrance, which had been prepared in advance for the locking of the said metal store, sealed the cash at that place, but did not find cash.

B. At the time stated in the above paragraph (a), the Defendant intruded from the "F operated by the victim E" store located in the same place as the above "D" store in the same manner as the above paragraph (a), and did not bring about an attempted cash at the same place, but did not bring about an unfolding wind.

2. On November 24, 2014, the Defendant: (a) around 24:00 on November 24, 2014, the Defendant: (b) opened a window that was not corrected in the instant “D” store; (c) intruded into the joints; and (d) stolen the cash amounting to KRW 1.7 million in the West on the book, from that time until November 25, 2014, up to November 27, 2014, the Defendant stolen the property worth KRW 5,120,000 in total on five occasions, such as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. Police seizure records;

1. Each investigation report, and application of Acts and subordinate statutes to reports on occurrence of accidents;

1. Articles 342 and 331(1) (a) of the Criminal Act (a point of attempted special larceny) of the same Act concerning facts constituting an offense and Article 330 of the same Act (a point of larceny by intrusion on night buildings);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A cleaning agent, the defendant recognized the facts of crime and recognized the reason for sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Code to be mitigated.

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