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(영문) 인천지방법원 부천지원 2016.10.21 2016고단2230
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, in collusion with the name “C” and the name influent body of the Bossing organization residing in the Chinese Black, Mymna, Mymna, and the name in collusion with C or the name influent body, led the Defendant to look at the subject of the crime of the Masing, and then withdraw the deposits of the victim from the bank and keep them in the house. The Defendant took part in the role of the behavior that steals things by entering the house.

At around 15:00 on September 7, 2016, the Defendant waiting before the house of the victim E (79 years of age, leisure) located in Kimpo-si, Kimpo-si, Kimpo-si, and had the victims of false names in China misrepresented the bank staff, leaked personal information, released bank deposits by deceiving the victims, and stored them in the house, and waited to the Dong office.

On September 15, 2016, the Defendant: (a) around September 15, 2016, on the part of the victim’s house, confirmed the victim’s outing from his accomplice’s name, and was placed in the said apartment mail; (b) opened the victim’s office door door and intruded into the victim’s inside; and (c) stolen the victim’s cash with KRW 10,621,200, which was located in the front door.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. Application of Acts and subordinate statutes to a photographic act and subordinate statutes, such as a thief report, on-site photograph, internal investigation report (on-site confirmation, track tracking, etc. of the suspect), CCTV photographs, seized objects photographs, investigation report (a further verification of the same line after committing a crime), and capture of the same

1. Relevant Article 329 of the Criminal Act, Articles 329 and 30 of the Criminal Act, Articles 319 (1) and 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] mitigation area (8 to 16 months) of punishment (special mitigation) [the decision of sentence], but the victim is the defendant by agreement with the victim after returning the amount of damage to the victim.

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