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(영문) 서울북부지방법원 2019.03.20 2019고단431

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 05:11 on January 13, 2019, the Defendant: (a) discovered the victim C in front of Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) discovered the victim C, under the influence of alcohol, and attempted to steal the goods owned by the victim; (c) one reflectrs (including cash of KRW 70,00, 200, 200,000 in cash), 1.3 million in cash (26 KRW 50,000 in cash), one cell phone (opon of KRW 8,000,000 in market) and one head of Tong, and escaped from the victim.

Accordingly, the defendant stolen the victim's property.

around 18:30 to 22:20 on February 5, 2013, the Defendant, at the victim E’s residence located in Dobong-gu Seoul Metropolitan Government, intruded into the said residence by an influorous means using the cresh of the victim’s out-of-the-spot, and went back to a female gold fluor, the market price of which is equivalent to KRW 700,000,000, the victim’s market price of Samsung E-North Korea and the market price of which is equivalent to KRW 400,000,000.

Accordingly, the defendant invadeds on residence at night and stolen the object owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A written statement of C and E;

1. Each investigation report and internal investigation report;

1. Application of the Acts and subordinate statutes to be transcribed, which has taken personal identification of the theft incident fingerprints, reports on the results of field identification, requests for appraisal of site fingerprints, and fingerprints left at the scene of the crime;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes;

1. Application of the sentencing criteria;

(a) Class 1 (Determination of Punishment at Night) Larceny (Determination of Death) ; thief for general property; thief for general property; thief [Type 4] No person who is involved in intrusion larceny [the scope of recommending area and recommending range] basic area; 1 to 2 years and six months;

(b) Second thief (determination of types) (a decision of thief). General property