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(영문) 의정부지방법원 2018.02.07 2017고단3859
특수절도
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

[2017 Highest 3859] On May 23, 2017, the Defendant, along with C around 14:0, at around 14:00, went into the front corridor of 104 Dong Dong 809, E apartment of 104, Dong 809, where the victim D, who is the friendship of C, was living together with C, and C was removed from the victim’s house to prepare for the crime prevention windows of the above corridor and continued to open the above window with the above window, and then entered the said house through the above window, and the Defendant went into the said house through the front door opened by C, and then stolen it by citing one television of 1,00,000 won at the market price owned by the victim in the living room and one computer at the market price under the market price.

As a result, the defendant stolen the property owned by the victim together with C.

[2017 Highest 4515] From May 19, 2017 to May 23:0, 2017, the Defendant, along with C, was in a G dormitory container located in Macheon-si F, operated by C, the victim D, who was a friendly father of C, with C, and subsequently, C opened the said dormitory window and entered the inside, and the Defendant was stolen by using two TVs in the market price, the victim owned by C, through the entrance door opened by C.

As a result, the defendant stolen the property owned by the victim together with C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement concerning C in each protocol concerning the examination of suspect by the police;

1. The descriptions of each statement of D;

1. Each on-site photograph, each description of a photograph of a crime photograph, CCTV closure photograph, and the application of video Acts and subordinate statutes;

1. Article 331 (2) and (1) of the Criminal Act concerning the 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 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act for the observation of protection and observation [the scope of applicable sentences under law] from June to June [the type] from June to June.

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