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(영문) 인천지방법원 2016.10.20 2016고단6519

특수절도

Text

A defendant shall be punished by imprisonment for a maximum of six months and a short of four months.

Reasons

Punishment of the crime

[criminal power] On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Cheongju District Court for a maximum of ten months and a short of seven months, and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on April 22, 2016.

【Criminal Facts】

At around 12:00 on May 2016, the Defendant used the gap in the victim's residence located in the AM building located in the Cheongju-si, Cheongju-si, Cheongju-si, with the victim's outer space, and C reported the network coming by the person, and the Defendant intruded into the second floor of the 24 K mp in the cremation, which is the victim's market price stored in the cremation, and 1,50,000 won at the market price of the 80,000 K mp and 24,40,000 won at the market price of 2,50,000 won at the same time.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Current status of reports on occurrence, reports on results of field identification, and documentary evidence;

1. The front of the AM building and photographs of the inside 204 of the damaged site;

1. Previous convictions: Criminal records, investigation reports (verification of results of trials against suspects), and application of statutes governing judgment;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 2 and Article 60(1) of the Juvenile Act is not good, unfavorable circumstances, such as the fact that the act was committed during the period of repeated crime due to the same kind of crime, the fact that the defendant led to a confession and reflects on the crime, the fact that the defendant is the young age that the defendant would be an adult, the favorable circumstances such as the fact that the defendant's female-friendly Gu is still pregnant, and other favorable circumstances such as character and behavior, environment, motive, means, means, and results of the crime.