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(영문) 춘천지방법원 원주지원 2017.03.16 2017고단33

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

Defendant

In respect of B, this decision is delivered.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment for a maximum term of two years and six months and for a short term of two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the original state branch of the Chuncheon District Court on April 19, 2007. On November 9, 2010, the same court was sentenced to imprisonment for a term of three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) in the same court on December 5, 2013. The court was sentenced to imprisonment for a term of three years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) and completed the execution of the sentence on October 15, 2016.

1. On December 29, 2016, Defendant A’s sole crime committed by Defendant A intruded into the victim E’s residence room located in the original city around 09:40 on December 29, 2016, and stolen KRW 1.6 million in cash owned by the said victim.

2. Joint crimes committed by the Defendants

A. On January 4, 2017, the Defendants jointly cut off 310,000 won at the market price of the said victim owned by the said victim, which was located in the cremation, from around 11:30 on January 4, 2017, at around 11:30, Defendant B reported the network outside the city, and Defendant A cut off 1 gold 2 and gold 14k at the market price of the said victim owned by the said victim.

B. The Defendants, together, are clear that the “J” as stated in the victim I indictment in the Won-si, Seoul Special Metropolitan City Council around January 4, 2017, is a clerical error in the “I” and thus, the Defendants are dismissed ex officio without changing the indictment.

In his house, Defendant B reported the network from the inside of the entrance door, and Defendant A opened the entrance door and applied for money and valuables to be stolen by intrusion on the house, but was discovered and attempted by the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. A copy of the I's damage statement and G's statement;

1. Each investigation report (round 9, 10, 11, 17)

1. On-site photographs of the larceny case;

1. Previous convictions: (A), each judgment, and the application of Acts and subordinate statutes of subparagraph (A) to inquire into criminal history data;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 5-4(5) of the Act on the Aggravated Punishment, etc. of Specific Crimes.