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(영문) 전주지방법원 정읍지원 2017.07.13 2017고단181

특수절도미수등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 to 11 shall be confiscated.

Reasons

Punishment of the crime

On December 2, 2015, the Defendant: (a) intruded into the victim D’s house located in the North Korea-gun C, the date of the incident; and (b) invaded by the inner window in which there is no human being; and (c) stolen three gold bars equivalent to approximately 500,000 won at the market price, which was owned by the victim in the cremation site.

In addition, as indicated in the list of crimes in the attached Form, the Defendant got through the windows, etc., which are opened over 31 times from that time to May 8, 2017, or opened the windows, etc. due to the brue, etc., which is a deadly weapon, and intruded into the victim’s house, and did not commit an attempted crime with property equivalent to KRW 90,264,000 in total, or with the intent thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. The statement of E, F, G, H, D, I, J, K, L, M, M, N, P, Q, Q, R, T, U,V, W, X, Y, Z, AA, P, AB, AC, AD, AE, AE, AF, and AG;

1. Each protocol of seizure and the list of seizure;

1. Each photograph;

1. Investigation report (related to confirmation of the appraisal of ears);

1. Application of Acts and subordinate statutes on report of internal accidents (in addition to damaged articles);

1. Relevant provisions of the Criminal Act and Articles 342, 331(2) and 331(1) of the Criminal Act (the attempted special larceny), Article 329 of the Criminal Act (the point of Section 3, the choice of imprisonment), Articles 342 and 329 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), Article 319(1) of the Criminal Act (the point of intrusion upon residence and the choice of punishment) concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act [the scope of recommending punishment] 4 types of general property (one to two years) basic area (one year and six months) (each attempted crime and intrusion upon residence for which no sentencing guidelines have been set shall be determined as sentencing factors) / The decision of sentencing is made by the defendant when committing the crime, and is against the wrongness of the defendant, the defendant does not have any criminal record exceeding the suspended sentence, and the 12 victims, including M, etc. are not punished by the defendant, and the sentencing conditions favorable to the defendant and the defendant are twice the same kind of larceny crime.