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(영문) 창원지방법원 마산지원 2018.01.23 2017고단1245
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On December 10, 2002, the Defendant was sentenced to imprisonment for one year and six months at the Changwon District Court for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 18, 2005, the same court was sentenced to seven years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 11, 2013, the Busan High Court sentenced four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan High Court, and completed the execution of the sentence at the women prison on May 5, 2017.

[Criminal facts]

1. On November 7, 2017, the Defendant committed the crime: (a) around 12:40 on November 7, 2017, when the victim D’s house located in Gyeong-gun, Gyeongnam-gun, and entered the house with a string door, which opened the string of the house; and (b) forced the kitchen to open the string door using the racker on the date prepared in advance, and intrudes into the kitchen, and then the 800,000 won of the market price, the market price of which was owned by the victim, which was kept in the head of the cremation, is approximately KRW 1,80,00 won of the market price; (c) approximately 1,80,00 KK mack 1,50,000 won of the market price; and (d) 1,80,000,000 won of the golf room with a total of 1,80,000 won of the market price of the female golf room and its total.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. On December 6, 2017, the Defendant discovered and brought about the Defendant’s door-to-door victim F’s house located in Sacheon-si E at around 10:30 on December 6, 2017, with a view to returning after ordering the order by the injured party to return the goods. In order to return the goods, the Defendant discovered and brought about the Defendant’s door-to-door victim’s house located in the front door of the house in an amount equivalent to KRW 50,000,000 in the market price.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. Protocols of police seizure and list of seizure;

1. A report on the results of field identification;

1. Application of each statute of appraisal;

1. Criminal facts;

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