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(영문) 청주지방법원 영동지원 2014.06.12 2013고단75 (1)
특수절도
Text

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

Reasons

Punishment of the crime

[criminal power] On March 31, 2005, the Defendant was sentenced to 8 months of imprisonment with prison labor for special larceny, etc. and 2 years of suspended sentence. On March 26, 2008, the Jeju District Court was sentenced to 6 months of imprisonment with prison labor for larceny, etc. on March 26, 2008. On January 16, 2009, the Jeju District Court was sentenced to 10 months of imprisonment with prison labor and forfeiture for attempted larceny during night time, etc., and on April 21, 2010, the Jeju District Court was sentenced to 1 year and 6 months of imprisonment with prison labor and completed the execution of the sentence in the Jeju Prison on September 2, 2011.

【Criminal Facts】

On March 22, 2012, around 14:10 on March 2, 2012, the Defendant: (a) entered a bank within the above residence, and (b) entered the said area, and (c) entered the said area, the Defendant reported the network, and (d) entered the said area, and (e) entered the said area with a 18K gold 18K gold 100,000 won equivalent to the market price of 80,000 won; (b) a pair of K gold 14K 14,000 won equivalent to the market price of 150,000 won; (c) a pair of K 1,40,000 won equivalent to the market price of 10,000 won; and (d) a pair of J 20,000 won equivalent to the market price of 50,000 won.

As a result, the Defendant, together with B, stolen property equivalent to 1,290,000 won in total of the market price owned by the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Fourth police suspect interrogation protocol concerning B;

1. Each written statement of D;

1. A vehicle rental contract;

1. All on-site photographs;

1. On-site and photographs of oil;

1. Investigation reports (calculated of market price of damaged goods);

1. Previous convictions: Criminal records, investigation reports (verification of suspect A criminal records), court rulings, and application of other statutes;

1. Article 331 (2) and (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include several criminal records, such as the statement of criminal records, and the defendant commits the instant crime again during the repeated crime period.

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