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(영문) 서울북부지방법원 2016.04.28 2016고단783
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Busan District Court Branch Branch of the Incheon District Court on January 8, 2015 and completed the execution of the sentence in the original prison on January 8, 2015.

Criminal facts

1. On February 26, 2016, at around 11:00 on February 26, 2016, the Defendant came to the house of the victim D in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and discovered two stuffs where a pipe for air-conditioning is accumulated on the house, and stolen it, thereby having a mind to prepare bicycle race gambling money, and 2 closed air-conditioning pipe in an amount equivalent to approximately KRW 184,00,000, the market price of the victim’s ownership at the same place.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

2. On March 7, 2016, at around 11:00 on February 26, 2016, the Defendant: (a) discovered that there was any valuables at the end of the house; (b) stolen them; and (c) laid down in the magu Seoul Central District E victim F; and (d) laid down two tap-water tap-lines equivalent to KRW 5,000, the total market price of the market price of the victim’s possession in the place; and (b) cut down two closed air-conditioning pipes, the sum of the market price of the victim’s possession.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. Statement of each police statement with respect to G and H;

1. Images of each photograph;

1. Entry of each protocol of seizure;

1. Application of the Acts and subordinate statutes on response to inquiries, personal identification/ acceptance status;

1. Article 329 (1) and Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 (Aggravation of punishment stipulated in larceny against victims D with heavy punishment and criminal intent) of the Criminal Act by aggravation of concurrent crimes is that the Defendant has the same species of force seven years between eight years, and the instant case also constitutes a repeated crime.

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