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(영문) 대구지방법원 포항지원 2016.03.30 2016고단97

특수절도

Text

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

Reasons

Punishment of the crime

On August 26, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on March 26, 201 and completed the execution of the sentence on December 30, 2014.

At around 05:00 on December 6, 2015, the Defendant: (a) opened a second floor window of the above building with the victim E, which was located on the second floor of the building located in Nam-gu, Nam-gu; (b) around 05:0 on December 6, 2015; and (c) opened a door door to the victim’s house and opened the door door through the entrance door opened by C; and (d) entered the victim’s house with 18K gold bars worth KRW 2.4 million in total; (b) one, 18K gold bars and three gold bars; and (c) one gold 80,000 won in total with 18 K K and 80,000 won in the market price of the above building; and (d) one gold 1,53 K and 280,000 won in total with e-mail and 80,000 won in the market price of the said building; and (d) one gold Ga and 208.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each prosecutor's statement protocol concerning E and F;

1. Each police statement protocol with respect to E and G;

1. On-site photographs and images of CCTV around the site;

1. Investigation report (related to the attachment of photographs of video images of CCTV around the damaged field);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of repeated crimes by defendants and attachment of court records of the same kind of crime), and application of the relevant Acts and subordinate statutes to inquire

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommending punishment] The area of aggravated punishment (one year and six months to four years) for general property (one year and six years).