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(영문) 대구지방법원 2015.06.25 2014고단346
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 27, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court, which was sentenced by the Seoul Northern District Court on June 24, 2010, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on September 10, 2010, on which the said judgment became final and conclusive on September 10, 201, the said suspended sentence was invalidated and the period of parole was expired on July 30, 2012 and December 5, 2012.

On June 5, 2013, at around 11:46, the Defendant reported the network of the victim D, who had C Apartment 102 Dong 105, 105, Gwangju Northern-gu, Gwangju Northern-gu, and the Defendant (Separation; hereinafter the same shall apply) opened a blick window and intrudes the victim’s house into the victim’s house, and one half of the total market price of 8,794,50 won in the victim’s house located in the inside of the blick-gu, Gwangju-gu, and one half of 18K, one half of 18K, one half of 18K, two of blick-gu, two of 2, one blick- month, one and one 18K clock.

Accordingly, the defendant invadedd the residence of the victim in common with the defendant E, and stolen the victim's property jointly.

Summary of Evidence

1. The statement of witness E in the ten-time protocol of the trial;

1. An interrogation protocol of the accused E by the public prosecutor;

1. Written statements of D;

1. Reporting on the results of field identification;

1. Investigation reports (based on the computation of the market price of damaged goods), investigation reports (based on the analysis of CCTV on the spot, such as the routes of intended use and the specification of raising points);

1. Previous Records: A written inquiry, such as criminal records, the number and acceptance status of each individual, and investigation reports (Attachment of a copy of the same type of crime judgment) (A defendant asserts that E was unaware of the fact that he/she stolen the victim's property, and that he/she did not have a permanent domicile, but his/her statement made by accomplice E, who directly conform to the above facts of crime, has credibility in light of consistency in the contents of his/her statement, accountability and rationality, etc.,

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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