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(영문) 인천지방법원 2018.04.19 2018고단1380
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2015, the Defendant: (a) came to the vinyl owned by the victim C at night, which is a victim C at night in Namdong-gu, Incheon, Namdong-gu; and (b) went into the vinyl by hand at night; (c) had five thousand won of the market price owned by the victim; and (d) had five thousand won of the market price in which the victim owned.

From around that time to early August 2017, the Defendant: (a) destroyed part of the door, wall, and other structures at night 29 times in total, as shown in the list 1 of the crimes committed during the night period from around 2017; and (b) invaded upon the victim, thereby thefting the victims’ property or resulting in attempted crimes.

2. On March 2016, the Defendant attempted to larceny a structure intrusion at night, or to larceny a structure at night, and had three pieces of tobacco and three pieces of tobacco and three pieces of tobacco, if he intrudes into a vinyl house owned by the victim E at night, which was not locked by the victim E at night, from the time to time, and did not come to a plastic house owned by the victim E at night, and had food, etc. at the expense of KRW 10,00,000, which is the market price owned by the victim.

From around that time to August 27, 2017, the Defendant invadedd a structure at night over 27 times in total, as shown in attached Table 2, and did not steals the victims’ property or did not commit attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and C;

1. Each written statement of F, H, I, J, K, L, M, N,O, P, Q, R, S, and E;

1. Each protocol of seizure and the list of seizure;

1. Report on the results of field identification, on-site photographs, scene photographs, scene of crime, and escape scene after committing the crime, moving lines after committing the crime, list of crimes damaged by the same water law, list of inquiries about the same water law crimes, estimates, list of inquiries about the notification of damage to the same water law, written estimates, list of reported crimes, list of CCTV for crime prevention, list of CCTV for the first time of the new month, and records of each incident;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 331 of the Criminal Act (the point of special larceny) and Article 342 of the Criminal Act concerning criminal facts.

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