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(영문) 전주지방법원 2020.06.04 2019고단1003
특수절도등
Text

The punishment of defendants shall be one year.

Reasons

Punishment of the crime

On April 9, 2019, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. to the Jeonju District Court, and the judgment became final and conclusive on July 4, 2019.

1. From February 13, 2019 to 03:42 on the same day, the Defendant: (a) from 03:42 on February 13, 2019 to 05:42 on the same day, B’s house D apartment E in Yasan-si, Yasan-si, 2 joint strawing of a crime prevention window through a incombustible tool; (b) went into the house and came into the house, and (c) one 15’s flus flus (3 million won at the market price) entered in the front of the dwelling

At this night, the Defendant stolen the property by destroying the door and impairing B’s residence.

2. The Defendant: (a) opened a heavy door in F’s D apartment G, a next house G around the same time, wherein F is locked; (b) cut 2 of the crime prevention window by an influoring tool; and (c) applied the pet dog into it; and (d) cut off the pet dog to the sound; and (d) did not steals the pet dog in the sound.

At night, the Defendant did not commit an attempted crime because he did not commit a theft of property by destroying gates and intrusion upon the victim F’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and H;

1. Investigation report (related to victim B's statement);

1. Application of statutes governing reports on results of field identification;

1. Articles 331(1) and 342 of the Criminal Act, which provide the legal provisions on criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, error in the determination of punishment under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be recognized in the court;

The victims do not want punishment.

However, a large and long-term period of criminal power, including the same type, is long.

The principle of equity shall be taken into account when judgment is to be judged simultaneously with the crime for which judgment has become final.

However, the fact that the crime of this case was committed immediately after the time when the crime was prosecuted, the investigation agency completely denied the crime, the means and method of the dangerous and planned crime, and the character and conduct of repeating the crime.

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