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(영문) 서울남부지방법원 2016.08.24 2016고단1189
특수절도등
Text

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

Seized evidence No. 1 shall be confiscated.

No. 7 through 11 of seized evidence.

Reasons

Punishment of the crime

On May 26, 2012, the Defendant got ahead of the victim D's house located in Yangcheon-gu Seoul Metropolitan Government and 01, and cut the middle part of the crime prevention windows of the above house with a small pipe cutting in possession, cutting the middle part of the crime prevention windows of the above house, and sprinking the body of the victim home through the window, and sprinking the body of the masting victim, and sprinking it out of the house, and sprinking the body of the mathing victim.

In addition, the Defendant: (a) destroyed a part of the door using a small pipe cutting machine at night during a total of 12 times from the beginning of March 5, 2016; (b) invaded on the victims’ residence; (c) stolen property worth KRW 15,946,00 in total; and (d) attempted to steal the victims’ property through the said method four times in total; and (d) attempted to commit attempted crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

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

1. Police seizure records;

1. Report on occurrence (Attempted thief, No. 40), report on the results of field identification (Evidence No. 41) and the application of Acts and subordinate statutes;

1. Articles 331(1), 330 (a) and 342, 331(1), and 330 (a violation of special larceny) of the Criminal Act concerning facts constituting an offense;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act / [the scope of recommendations] The reason for sentencing of Article 333(1) of the Victim Return Criminal Procedure Act / [the scope of punishment / [the case where a person subject to special aggravated punishment] carries a lethal weapon (one year to six years), or the case where a person intrudes a residence at night or intrudes a night, or intrudes into a structure at night, etc. [the case where a sentence is sentenced] / [the case where a person commits each thief in this case by intrusion upon another person's residence, the fact that the damage was not recovered, and the fact that the punishment records for the same crime were generated.

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