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(영문) 청주지방법원 2014.12.30 2014고단1277
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 3, 2009, the defendant was sentenced to imprisonment with prison labor for a maximum of three years, two years and six months, and a fine of 300,000 won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) and a violation of the Road Traffic Act at the Cheongju District Court of Daejeon on September 3, 2009 and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on April 6, 2012

1. At around 20:00 on May 4, 2014, the Defendant, along with C and D, carried out the gap of the E apartment 105-dong 106, Cheongju-si, Cheongju-si, Cheongju-si, Cheongdong-gu, 105-106, and the victim F, with the network reported by other Defendant and D, and C, with the unlocked back-beer window installed inside the house and entered the house, with the total amount of KRW 3,500,000 in the market price in the small West-gu, Cheongju-si.

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

2. At around 21:00 on May 4, 2014, the Defendant, along with C and D, reported the gap without the victim G’s house to the other Defendant and D, and C had a backbrepted door door door door door door door door door door door door door door door door door door door door door door door door door door door and door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door.

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

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of the prosecution against D (No. 28) and copy of the second interrogation protocol of the prosecution against C (Evidence No. 29);

1. A written statement in F and G preparation;

1. Photographs (No. 6 No. 5);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes on criminal records, reply reports, each judgment, identification and confinement status of individuals;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The crime of larceny for the reason of sentencing (a favorable consideration among the reasons for sentencing below) under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is committed.

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