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(영문) 대구지방법원 안동지원 2017.11.17 2017고단482
특수절도
Text

1. The punishment against Defendant A shall be two years, and the imprisonment with prison labor for Defendant B shall be one year and eight months;

2...

Reasons

Punishment of the crime

[criminal history] On November 27, 2014, Defendant A was sentenced to one year and six months of imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on November 27, 2014, and completed the execution of the sentence in the Jeonju Prison on October 28, 2015.

[2] On July 17, 2017, the Defendants: (a) went to the residence of the victim D in E apartment complex at permanent residence around 20:48; (b) Defendant B reported the network from the first floor chemical group; (c) Defendant A, who was on board the crime prevention window and opened a window in the victim’s house and intruded with the 2nd floor; and (d) removed the credit cooperative that was kept in the inside of the inner bank by a method that could not be known; and (b) the Defendant got approximately KRW 26,500 of the U.S. dollars ($ 29.6 million) owned by the victim in the safe after dismantling it.

As a result, the defendants stolen the victim's property together.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements of D;

1. Each protocol of seizure, each list of seizure, and each written waiver of ownership;

1. A report on internal investigation and accompanying materials;

1. Each investigation report and accompanying materials;

1. A report on the results of field identification;

1. Records of the judgment: Application of inquiry letter, such as criminal history (A), investigation report (the current status of personal confinement of each suspect A, report on criminal records of the same kind and attachment of judgment), and statutes on accompanying materials;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 331(2) and (1) of the Criminal Act

B. Defendant B: Article 331(2) and (1) of the Criminal Act

1. Article 35 of the Criminal Act for the aggravation of repeated crimes;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. The rejection of the application for compensation of this case is inappropriate to proceed with the procedure of this case in light of the circumstance, etc. of which the scope of the amount of compensation is unclear;

The reason for dismissal of sentencing is determined.

1. Defendant A

(a) Determination of the type of recommendation 1) on the basis of the sentencing guidelines: thief, theft for general property, and special sentencing sentencing person: Determination of the area of recommendation of the same repeated crime (aggravated factor) in the same type: 4: Imprisonment with prison labor for a year and six months to four years;

B. As to the instant crime, the details, method, risk, and the result of damage, etc. of the sentence.

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