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(영문) 대전지방법원 홍성지원 2017.06.20 2016고단920

특수절도등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the charge of special larceny on November 8, 2016 is acquitted.

Reasons

Punishment of the crime

[criminal records] On December 24, 2003, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. and 2 years of suspended sentence, and on April 25, 2012, the Daejeon District Court sentenced to 1 year of imprisonment with prison labor for special larceny, etc. on April 25, 2012. On September 27, 2013, the Defendant was sentenced to 3 years of imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the support for Suwon Faginsan, and completed the execution of the sentence in the Incheon District Court on July 17, 2016.

[2] The Defendant and C, as a family-friendly relationship, were able to steal the victim’s property by entering the victim’s E house, which was the mother of C’s line D around November 9, 2016, while living together with the police officer from the beginning of October 2016, in the Yanan City, Pyeongtaek-si, etc., such as Mancheon-si, Pyeongtaek-si, etc.

On November 9, 2016, at around 20:0, the victim's house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant opened a multi-use window that was not corrected as a hand and entered the window through the above window, and then cut off the victim's cash owned by the victim of the wall located in the inner cremation room, approximately KRW 10,000,000 in total, and approximately KRW 200,000 in total, market value of precious metals (one egb, six, two half, two halfs, and one ggs) in precious metal, and C, more than the net before the house, stolen goods by entering the victim's house in the above way.

As a result, Defendant and C conspiredd with the victim's residence and stolen the victim's property jointly.

Summary of Evidence

1. The defendants' statements in the first public trial protocol

1. E statements;

1. A report on the results of field identification and a fingerprint appraisal;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history (A) and Acts and subordinate statutes on personal expropriation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 319(1), 30 (Influence into residence, choice of imprisonment), 331(2) and 331(1) of the Criminal Act (in cases of special larceny) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes.