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(영문) 창원지방법원 마산지원 2019.06.21 2019고단348

특수절도등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 1, 2017, the Defendant was sentenced to imprisonment with prison labor for night-time intrusion larceny at the Daegu District Court on August 1, 2017, and on February 14, 2018, the Defendant completed the execution of the sentence.

【Criminal Facts】

1. Around 02:30 on November 14, 2018, the Defendant: (a) destroyed a stone with a stone stud around the victim C with a stone stud around the “D” main point operated by the Masan-si, Changwon-si, B; (b) laid the knick onto the back of the said main point on his/her hand; (c) laid the knick onto the inside of the glass; and (d) intruded the said main point into the said main point with cash of KRW 30,000,000, which is owned by the victim in the knife of the said knife.

2. Around 03:00 on November 14, 2018, the Defendant: (a) intruded into the above cost house through the entrance opened for the purpose of stealing money and goods in front of the “F” cost house operated by the victim E in Changwon-si, Changwon-si; (b) however, the Defendant did not go through the wind of the victim, who was in the kitchen at the night, and did not go away.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. On-site photographs and caps of a crime scene images;

1. A report on video analysis;

1. A criminal investigation report (CCTV image verification, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (verification of the facts of crimes, etc. during the period of repeated crimes) Acts and subordinate statutes;

1. Articles 331, 342, and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 53 of the Criminal Act for discretionary mitigation;

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 punishment by law: One to fifteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Special thief) thief (Determination of Punishment) (Special thief) thief (Type 4) thief (Special thief) thief) thief for general property: In cases of intrusion upon places other than indoor residential space, no penalty is imposed.