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(영문) 제주지방법원 2019.08.09 2019고단1139

특수절도등

Text

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

Reasons

Punishment of the crime

At around 19:00 on May 4, 2019, the Defendant: (a) discovered an abandoned house, and laid the door, destroyed glass windows, or locks, thereby intending to steals another’s property; (b) destroyed the victim C’s residence in Jeju-si, by shouldering one of the rocks around the adjacent area; and (c) intruded into the inner area through the inner area, and then stolen the victim’s property from May 20, 2019, as described in the list of crimes, until around May 20, 2019, the Defendant stolen the victim’s property as stated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, C, F, G, H, I, J, K, and L;

1. Application of Acts and subordinate statutes to related photographs, each relevant photographic material, each field photographic material, materials for field inspection, materials for investigation reports (verification of sunrise and sunset time);

1. Relevant provisions of the Criminal Act and Articles 331(1), 330 (a), 342, 331(1), 330 (a) of the Criminal Act, Article 330 (a) of the Criminal Act, Article 330 (a) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 31(1), 319(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 366 of the Criminal Act, for the selection of punishment against a crime;

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

1. The records and arguments of this case, including the following facts: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the fact that the Defendant’s mistake and reflects his damage; (c) the Defendant has no record of criminal punishment prior to the instant case; (d) the Defendant has intellectual disorder; and (c) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (d) the circumstances after the crime.