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(영문) 서울북부지방법원 2016.12.07 2016고단3527

특수절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

【2016 Highest 3527 Cases】

1. Around July 28, 2016, around 21:25, the Defendant: (a) cut off the 3 of the crime prevention windows of an outward window using the pipe cutting device prepared in advance; (b) intruded the victim’s possession; and (c) cut off the 3 of the half of the market price, which is the victim’s possession; (d) three of the 3 of the 3 of the 3 of the 3 of the 3 of the 3 of the 3 of the 3 of the 2016, three of the 2 of the 21:20,000 won of cash; and (e) one of the 2 of the 2 of the 2 of the

【2016 Highest 4536 Cases】

2. Around 13:30 on November 1, 201, the Defendant: (a) went into the place of residence of the victim G in the F and 2nd floor of the Gu Government-si on the 13:30th floor; (b) the victim carried the house and carried out a strip of lava, and opened a locking system and intrudes into the locking system after having dricked the window of the inside glass; and (c) by carrying 100,000 won in cash owned by the victim at the inside of the said area, infringed upon the victim’s residence by carrying dangerous articles, and stolen the property.

3. On July 14, 2016, the Defendant: (a) around 21:00 on July 21, 2016, when the victim I was in the residence of the victim I in Dongdaemun-gu Seoul Metropolitan Government H 2 floor; (b) the victim scambling the house, scambling the pipe, scambling the small room with the pipe; and (c) colors the object of theft, such as following the inner bank and the small bank harassment; (d) however, the Defendant did not commit an attempted crime and did not commit such act, as there was no ma

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each statement;

1. Relevant legal provisions concerning criminal facts and special larceny of the option of punishment: Articles 331 (1) and 330 of the Criminal Act: Special larceny under Articles 320 and 319 (1) of the Criminal Act: Article 329 of the Criminal Act: Articles 342, 331 (1), and 330 of the Criminal Act;

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

1. As to the facts charged of not guilty for the reason under Article 48(1)1 of the Criminal Act (special larceny under Article 48(1) of the Criminal Procedure Act), the Defendant is not guilty for the reason under Article 48(1)1 of the same Act.