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(영문) 제주지방법원 2016.11.11 2016고단880

절도등

Text

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

Reasons

Punishment of the crime

On November 19, 2015, from November 23, 2015 to November 11, 201:00, the Defendant opened a entrance which was not set up at the house of the victim E in Western City D and entered the kitchen, and intruded into the kitchen, and thereafter, 5 copies of a cashier’s check ( check number: F-G) owned by the victim under custody of the above box.

Summary of Evidence

1. A letter of reply to the fact-finding by the Supreme Prosecutors' Office ( October 13, 2016);

1. Each gene appraisal report (641, 672 pages of investigation records);

1. The police statement of H;

1. Each statement prepared by E and I;

1. Recording records;

1. Protocol of seizure or of seizure and of return and receipt;

1. A criminal investigation report (the process of seizure and custody of checks);

1. Investigation report (Attachment to guide the moving of suspects);

1. Investigation report (Attachment of results of cellular phone analysis of a suspect);

1. Application of Acts and subordinate statutes to report internal investigation (the result of confirmation of ctv for the prevention of theft of agricultural products in Jin-in-gu), internal investigation report (the attachment to a ledger of transaction by cashier's check number), and report internal investigation (the result of cctv analysis by K point

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. Aggravation for concurrent crimes: Reasons for conviction under the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. The results of genetic testing through relevant legal principles DA analysis are highly reliable insofar as it is recognized that an appraiser with sufficient professional knowledge and experience has performed an appraisal by utilizing generally established standard testing techniques and the analysis of the results has been conducted through appropriate procedures.

The method of scientific evidence, such as genetic testing and blood type tests, is proved to be true, and if it is recognized that the method of prosecution is to be so extreme that there is no possibility of mistake or disregarding because of the scientific legitimacy, it shall be binding to the extent that the judge makes fact-finding.