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(영문) 부산지방법원 서부지원 2018.01.31 2017고단1720
특수절도등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal history] On September 22, 2015, the Defendant was sentenced to one year and four months of imprisonment with labor for special larceny, etc. at the Busan District Court, and completed the execution of the sentence at the Jinju Prison on March 12, 2016. On February 14, 2017, the Defendant was sentenced to two years and six months of imprisonment with labor for special larceny, etc. at the Busan District Court and became final and conclusive on June 29, 2017.

[Criminal facts]

1. On August 5, 2016, around 05:43, the Defendant invaded on a structure, and attempted theft: (a) was in a cafeteria operated by the victim D, the victim D, who was in the Busan Maro-gu C and the second floor, and went to the cafeteria with the entrance door opened for the purpose of stealing the property owned by the victim; (b) was intruded into the cafeteria with the entrance door opened for the purpose of stealing the property owned by the victim; and (c) was behind the safe located in the account book, but did not contain cash, and did

2. Larceny of intrusion on night buildings;

A. On August 11, 2016, at around 05:00, the Defendant: (a) intruded into “G” car page operated by the victim F of the victim F in Busan, the Busan, and the second floor; and (b) took a theft with cash of KRW 64,00,00, which is the victim’s possession, from a credit cooperative located in the calculation stand of the place, which is located in the open window.

B. On November 14, 2016, around 00:40 on November 14, 2016, the Defendant: (a) committed a theft with KRW 93,000 in cash, which is the victim’s possession, from a credit cooperative, which intrudes the victim I’s “J Han-won” managed by the victim I located in the Busan Northern-gu, Busan, with the inside of the open window to calculate the place; and (b) committed a theft.

3. Around August 29, 2016, at around 04:55, the Defendant: (a) committed a theft with the cash of KRW 400,00,00, which is owned by the victim, at a “M” restaurant operated by the victim L in K and 2, Jung-gu, Busan on August 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of L, F, D, and I;

1. Investigation report (verification of sunrise time on the day of this case);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (final judgment of suspect's repeated period of offense);

1. Criminal facts;

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