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(영문) 서울중앙지방법원 2017.03.09 2017고단282

특수절도등

Text

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

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at Seoul Southern District Court on June 25, 2015, and on February 18, 2016, the Defendant had the same kind of force in addition to the completion of the execution of the sentence in the astronomical Prison.

1. On December 26, 2016, the Defendant: (a) around 15:00 on December 26, 2016, at around 15:6, the Defendant used pipe cutting machines in possession to cut off 2 of the anti-market crime prevention windows; and (b) went to the house through the window.

Then, the defendant had three posts equivalent to 700,000,000 won in cash on the wall of the victim who was on the part of a ward, and in the internal cremation room, the market price of which has been 700,000 won.

Accordingly, the defendant damaged the victim's property and infringed on the residence, and stolen the property.

2. From December 28, 2016, the Defendant: (a) around 18:45 on December 28, 2016, at around 10:1, Gangnam-gu, Seoul E apartment complex No. 101 Dong 809, cut 2 joints of anti-market anti-market crimes by using pipe cutting machines and cutting down 2 joints of anti-market anti-market crimes; and (b) entered into the house through windows.

Then, the defendant has been holding 100,000 won gift certificates and about 2,30,000 won in cash, which are owned by the victim in the Ansan cremation, with the head of 100,000 of the Chinese Republic of Korea and the head of 10,000 won.

Accordingly, the defendant stolen the property by destroying the crime prevention window at night and impairing the residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of the accused by the prosecution;

1. Statement made by the police against D;

1. A written statement;

1. Police seizure records;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to rulings related to repeated crimes, etc.);

1. Relevant legal provisions on criminal facts, Article 329 of the Criminal Act on the choice of punishment (absent point, a punishment by imprisonment), Article 319(1) of the Criminal Act (absent point, a choice of imprisonment), Article 366 of the Criminal Act (absent point, a property damage, a choice of imprisonment), and Article 331(1) of the Criminal Act (absent point).