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(영문) 서울서부지방법원 2016.09.22 2016고단692

특정범죄가중처벌등에관한법률위반(절도)

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case [criminal record] The Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on September 1, 2005 and two years of suspended execution. On October 27, 2009, the Seoul Northern District Court was sentenced to one year and two months of imprisonment with prison labor for special larceny, etc. at the Seoul Northern District Court on March 28, 2013, and completed the execution of the sentence at the Chuncheon Prison on July 7, 2014.

On December 16, 2015, the Defendant was sentenced to 8 months of imprisonment and 6 million won of fine for embezzlement, etc. by the Seoul Western District Court, and is currently pending the appellate court trial.

[2] In combination with D, the Defendant conspiredd with D to steal goods by intrudeing into the house that was cut off during the night, and committed a theft of goods around the victim F's house located in Eunpyeong-gu Seoul E 403 around December 26, 2015, and the Defendant waiting in and waiting in the G E 403 of the victim F, the above D, and D intruded into the house through the victim's house hold hold window installed on the above loan outer wall, and then intruded into the house through the victim's house hold window located in the small bank, and the market price of the victim's house in custody at the small bank amount of KRW 2 million is KRW 1,00,000,000,000 in the market price of KRW 1,50,000,000 in the market price.

2. The burden of proof of the facts charged in a criminal trial for a judgment shall be borne by a public prosecutor, and the conviction of a person guilty shall be based on the evidence of probative value, which makes the judge sure that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt, it shall be determined with the benefit of the defendant.

The Defendant consistently takes place from the investigative agency to the date indicated in the facts charged to the present court on the day D’s day from the date to the date indicated in the facts charged.