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(영문) 인천지방법원 부천지원 2016.01.21 2015고단3357
특수절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 1, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Jung-gu District Court, and completed the execution of the sentence on September 13, 2015.

around 02:35 on September 21, 2015, the Defendant: (a) opened a correction device installed on the entrance and damaged by opening up the correction device, using the date server; and (b) removed KRW 10,000 in cash owned by the victim and stored in the safe, KRW 10,000, KRW 70,000 in total, and KRW 170,000 in cash owned by the victim and stored in the safe.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to the N;

1. (O) photographs of the scene of occurrence, and each investigation report (including attached documents);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of the judgment, etc.); and application of Acts and subordinate statutes as a result of screening prisoners;

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

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) of the Act on the Mitigation of Small Quantity [the scope of recommending punishment] In the case of intrusion into a place other than an indoor residential space (one year and six months to four years), where a person carries a lethal weapon, or where a person carries a dangerous weapon, or where a person intrudes into a place other than an indoor residential space, it is inevitable to pronounce a sentence in light of the fact that the defendant is not aware of a repeated crime for the same kind of crime, regardless of whether he/she is a repeated offender for the same crime, and that he/she commits the crime of this case.

However, in light of the fact that the defendant recognized the facts charged, the amount of damage is relatively minor, and the age, sex, circumstances after the crime, etc. of the defendant, the punishment as set forth in the Disposition shall be determined.

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