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(영문) 대구지방법원 김천지원 2017.06.22 2016고단1665 (1)
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A on November 2, 2016, in the Daegu District Court Kimcheon-cheon Branch of the Daegu District Court, was sentenced to imprisonment for 8 months with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) and the decision was finalized on November 10, 2016.

1. The Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with C and D, and came into a house of Victim F located in Kimcheon-si, Kimcheon-si, 16:00 on October 20, 2016, and C and D reported the network within G Sota-si, and the Defendant attempted to open the door and windows of the house through the open gate, and invaded upon the victim’s residence.

2. A special thief Defendant and C, and D: (a) intruded into vacant houses or commercial buildings and stolen cash, etc. while getting on a siren vehicle.

On October 23, 2016, at around 16:40 on October 23, 2016, the Defendant and D: (a) reported the network of the victim I’s I’s house located in Kimcheon-si in the said small passenger car; and (b) C opened an unresh door door and opened into the house, and stolen with three precious metal worth of KRW 1,070,000 in the market price owned by the victim in the Ansan-si cremation.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by the prosecution against C or D;

1. A written statement of I;

1. Investigation report (Attachment to the location of sirenS), investigation report (verification photographs on the scene of the crime), - photographs of the suspect C on the scene of the crime;

1. Previous convictions in judgment: A investigation report (a suspect A's confirmation of concurrent crimes after Article 37 of the Act), - Application of statutes governing judgment;

1. Relevant legal provisions of the Criminal Act, Articles 331(2) and (1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (joint intrusion upon residence and choice of imprisonment) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A extenuating circumstances that are disadvantageous to the sentencing of Articles 53 and 55(1)3 of the Criminal Act that reduce the amount of punishment: Imprisonment with prison labor for special larceny on August 7, 2014.

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