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(영문) 서울서부지방법원 2016.08.31 2016고단533
특수절도등
Text

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

One seized mother and child (No. 347-1 of the Seoul Western District Prosecutors' Office).

Reasons

Punishment of the crime

1. On December 26, 2015, the Defendant: (a) around 21:00 on December 26, 2015, the Defendant: (b) intruded into the house through the victim’s house equipped with gas pipes installed on the above Bara outer wall from around the victim’s house located in Eunpyeong-gu Seoul building C. 403; (c) invaded into the house through the victim’s house, and then cut off one half of the victim’s market price owned by the victim, which was in custody in the small cremation room, of the amount of KRW 2 million in the market price; (d) one 1 bit Li-ri (e.g., e., one e., one e., one son); and (e) one e.g., a documentary big ear in the market price.

2. On November 21, 2015, the Defendant attempted to larceny at night, and near the house of the victim F, Seo-gu, Busan, Seo-gu, 200, and 202, the Defendant did not commit an attempted crime, even though the Defendant invaded into the house through the window of the victim who embrised the gas pipe installed on the above Bara outer wall, and opened and stolen the inside of the house through the window of the victim, and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements prepared D and F;

1. A-related video cad one copy (related data video, gps records, telephone conversations records, etc.);

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant Article 330 of the Criminal Act concerning the crime (the point of larceny at night), Articles 342 and 330 of the Criminal Act (the point of larceny at night) of the same Act;

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. The crime was committed on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, which was detained for the same kind of crime as the one of the reasons for sentencing, and committed during the period of suspended sentence, and each crime was committed on the basis of the facts constituting the crime during the period of suspended sentence, even if the facts constituting the crime were clearly recognized by evidence, the investigation agency denied the crime without any ground, and the crime committed through intrusion upon another person’s residence at night, etc. was very dangerous and inferior, and the confession of the crime was made late in this court.

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