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(영문) 전주지방법원 군산지원 2016.12.14 2016고단949
특수절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on March 15, 2016.

On May 4, 2016, at around 03:40 on May 4, 2016, the Defendant: (a) was placed in front of the Eju shop operated by the victim D in Yasan-si, Jeollabuk-do; (b) left the surrounding sidewalk block (22 cm, vertical 11 cm) and the stone with a stone (14 cm, vertical 11 cm) in front of the entrance door; and (c) left the door with a scam safe of approximately 50,000 won at the market price of 140,000 won in cash in the Kater.

Accordingly, the Defendant destroyed the glass window at night and intruded the structure managed by the victim, thereby thefting the victim’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Notification of personal information as a result of request for appraisal of the DNA thie case, report on investigation (for example, before and after the commission of the crime inCCTV), and report on investigation (for specified hours in relation to the crime committed);

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, reporting on results of confirmation, investigation reports (Attachment of judgment, such as the same kind of case, and reporting on confirmation of period of repeated crimes);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] of general property [Article 53 and 55(1)3 of the Criminal Act / [the scope of recommending punishment] In the event that a person intrudes into a place other than an indoor residential space (type 4), a person not subject to punishment / a person subject to criminal punishment / a person subject to criminal punishment / a person subject to criminal punishment / a person subject to criminal punishment several times for committing a crime, such as special larceny, and the defendant repeats the crime of this case since two months have not passed since the execution of the final punishment was completed, it is necessary to severely punish the defendant in light of the fact that the crime of this case was repeated.

However, the fact that the defendant is wrong, the fact that the defendant has agreed with the victim, and other defendants.

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