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(영문) 의정부지방법원 2015.11.10 2015고단3214

건조물침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 10:20 on July 27, 2015, the Defendant: (a) opened the entrance at the EcJ conference in which the victim D, the second floor C, and the second floor, is in office as a pastor, and opened the entrance and opened the entrance door at the house, and opened the entrance door at the house with the household located in the house; (b) opened a small-sized credit cooperative in the office by force using the above Acp, and cut off by inserting a cash of the victim and a merchandise coupon of KRW 2 million on the part of the victim and KRW 100,000,000,000,000,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Records of photographs of the thief site, records of the identification site photographs, and records of CCTV photographs around the site;

1. Responses to the results of appraisal on the scene of crime;

1. A copy of the specific evidentiary materials for the victim's submission [the defendant asserts that he/she stolen shall be an envelope containing KRW 50,000,000 in total, 500,000,000. However, the victim D shall pay 2 million,000,000,000 as a unconstitutional sum, among them, from July 24, 2015, he/she received a unconstitutional bag containing KRW 2 million from the F, one of whom was appointed at the Ecadembs, and stored it in the depository of fact. From that time on July 28, 2015, he/she confirmed that the unconstitutional sum was not used at the above safe during the period of damage. Thus, it is reasonable to view that the victim's statement is credibility in light of the content of Ecuju (Evidence No. 94 of the evidence record) on August 2, 2015, the victim's statement in this case is deemed to be the unconstitutional amount of damage.]

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the scope of recommending punishment] and the basic area (one to two years and six months) of the theft of general property (one to half years) (the special person).