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(영문) 인천지방법원 부천지원 2018.10.19 2018고단2080

절도등

Text

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

Reasons

Punishment of the crime

The Defendant, around 13:00 on June 2, 2018, 2018, set up a corridor window that was not locked by the victim’s idea of theft from the operation of the V building 202 around 13:0 on June 2, 2018 to the house of the victim’s W, and entered the victim’s house to the house, and entered the inner bank, and entered the victim’s house to the inner bank and kept in custody of the head of the West. 2,70,000 won in cash on the part of the victim’s possession while in his/her custody.

L. A. L. theft was committed.

On May 29, 2018, the Defendant, around 17:17, 2018, stolen property from the victim’s Y house located in Mapo-gu X and 5 stories, and then stolen it with 20,000 won in cash owned by the victim on his/her guardian, and 1,3.5 Dao-do in the city where he/she was located in the inside of his/her house, after entering the said house through an inner window that was not able to take and correct a rail through the above Dora roof, and intrusioned on the victim’s house, and then he/she stolen it with 20,000 won in cash owned by the victim on his/her custodian, and 1,3.5 Dao-do in the inside of his/her bank.

Summary of Evidence

"Cases of 2018 Highest 2080"

1. Statement by the defendant in court;

1. Written statements (victims);

1. On-site identification reports, on-site photographs (No. 6 times a year), gene assessment reports, and DNA personal information of detained suspects, as a result of inquiry of the results of on-site identification, "2018 Highest 2197" case;

1. Statement by the defendant in court;

1. A copy of the statement of damage and the statement of damage;

1. Application of Acts and subordinate statutes to a report on results of field identification, field identification photographs, and fingerprinting at the scene of an offense;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are favorable to the defendant (the fact that the defendant recognized the crime of this case, the fact that the defendant agreed with the victim W) and unfavorable circumstances (the fact that the crime of larceny was committed by intrusion upon the defendant's residence was poor, the amount of damage was not significant, and the defendant committed a crime during the suspension period of the execution of the same kind.