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(영문) 수원지방법원 2014.09.17 2014고단1905
특수절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2014 Highest 1905] On April 8, 2014, the Defendant got ahead of the Franc specialty store of the victim E, which was located in Yong-si, Young-si, Young-si, Gi-si, Gi-si, for the Defendant: (a) set the locking system in two hand by using any cres that the victim left, and then, (b) f5,000 won in cash at the cash machine located in the knife; and (c) francing the structure managed by the victim into the above coffee specialty; and (d) f5,000 won in cash at the cash machine located in the knife.

[2014 Highest 3686] At around 00:50 on April 9, 2014, the Defendant cut off cash worth KRW 200,000 (20,000,000,000,000 won 70,000,000,000 won hereinafter referred to as “the Bank of Korea”) owned by the victim in front of and in front of the 101 and 102 "I for the operation of the Victim H" of the G Building in the Suwon-si Metropolitan Area, the lower court: (a) destroyed the rear knicks with locking devices in front of and rear several times; and (b) invaded into the store, and (c) cut off the back knicks with locking devices into the store.

Summary of Evidence

[2014 Highest 1905]

1. Defendant's legal statement;

1. A written statement prepared in E [2014 highest 3686];

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the H’s written statement;

1. Article 331 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Special larceny [decision of types] thief (decision of types ] thief (decision of the recommended area and the scope of recommendations ] Aggravation (one year to six months from one year to four years): Intrusion of a structure at night;

(b) Scope of recommendations according to the standards for handling multiple crimes: One year and six months to six years (one year and six months, which is the lowest limit of the basic crime, and the upper limit shall be included in four years, which is the maximum limit of the sentences of the basic crime, and two years, which is 1/2 of the upper limit of the scope of sentences of the concurrent crimes);

3. A thief shall be committed by the defendant who has committed a crime in the same kind, destroying the door at night during the period of suspension of execution and intrusion on the structure; and

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