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(영문) 의정부지방법원 2017.11.14 2017고단4324

특수절도

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On December 3, 2016, at around 22:00, the Defendant got back to the house of the victim D, which was installed on the window that had been installed on the window that was back to the building, and infringed on the method of getting back and damaging the window and exceeding the window by hand, and brought 14K gold 1,000 won at the market price of the victim, who was in custody on the front line of the inside line, owned by the Defendant, brought one,14K gold ingle at 20,000 won.

Accordingly, the defendant stolen the victim's property by destroying and damaging part of another's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the results of field identification;

1. On-site photographs of the theft incident;

1. Protocols of seizure (voluntary submission), list of seizure, and photographs of damaged articles;

1. On-site photographs;

1. Verification of identity and application of Acts and subordinate statutes of the fingerprinting case;

1. Grounds for sentencing under Article 331 (1) of the Criminal Act with respect to the crime;

1. One year to ten years from the imprisonment with prison labor within the applicable range of punishment by law; and

2. Aggravation factors for the fourth type (Special Sentencing) of the thief for the theft of general property in accordance with the sentencing guidelines: Imprisonment with prison labor for a year and six months to four years.

3. The defendant shows his attitude to recognize and reflect his mistake.

However, in around 2015, the Defendant had a record of criminal punishment due to the theft of clothes, etc. in D's residence intrusiond by the victim of the instant case, even though there was also a record of criminal punishment as stated in the facts constituting a crime.

Although theft goods were returned to the victim, the victim wanted to punish the defendant without using the defendant.

In light of the method and form of the instant crime, not only is the responsibility for the crime, but also is likely to lead to a serious crime that may cause serious harm to the life or body of a dead person.