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(영문) 서울남부지방법원 2015.11.13 2015고단3379
특수절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On February 20, 2013, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Suwon District Court’s Eunpyeong District District Court’s House on February 20, 201, and completed the execution of the sentence on April 20, 2014.

【Criminal Facts】

At around 02:00 on April 2, 2015, the Defendant: (a) opened the rear door by means of sucking and destroying the back door kniffed with the high iron sufficient to support the building, which was located in the victim D, operated by the victim D in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the first floor; and (b) invaded into the knife, with the victim’s cash of KRW 2 million; (c) KRW 70 million; and (d) KRW 500,000,000 at the market price, KRW 50,000,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site reports on results of field identification, and field photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (suspect A's previous records and confirmation reports, and suspect A's previous records and confirmation reports), copies of judgment, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. The reason for the sentencing of Article 35 of the Criminal Act / [Scope of Recommendation ] The reason for the sentencing of Article 35 of the Criminal Act for repeated crime / In the case where the defendant committed the crime of this case against general property / [1 year and six months to four years] the aggravation area (1 year and six years (special mitigation / special mitigation / (4 type) the criminal defendant committed a deadly weapon in any place other than indoor residential space (4 type) / In the case where he carries a deadly weapon, or commits a same repeated crime (4 type), which does not correspond to night destruction, residential intrusion, or night damage, etc. (4 type) and special circumstances (4 type), even though the defendant had been sentenced several times of imprisonment for the same crime, it is about one year after the execution of the final sentence is completed, and the degree of damage is not easy, and damage is not recovered at all, it is necessary to punish the defendant strictly.

However, it is against the defendant's confession of the crime of this case, the victim wanted to take the action against the defendant, and the defendant's age, character and behavior.

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