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(영문) 서울남부지방법원 2015.06.12 2015고합106
특수절도등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On May 26, 2010, the Defendant was sentenced to five years in Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on November 8, 2014.

【Criminal Facts】

1. On March 24, 2015, at around 19:55 on March 24, 2015, the Defendant: (a) opened a crime prevention window installed on the right side of the entrance and exit of the victim Q apartment 703, which was located in front of the house of the victim R, Yeongdeungpo-gu Seoul Metropolitan Government, in his hand; (b) opened the house, and entered the cream, and opened the 14 K K K Qbbbbbro, which is the market value of the victim in the front of the house of the victim R; and (c) opened the 14K color mp in the front of the house of the victim R. 703.

Accordingly, the defendant stolen the victim's property by destroying part of the structure at night and impairing the residence.

2. On March 24, 2015, around 20:10 on March 24, 2015, the Defendant, who attempted robbery, opened and opened a brogate, cremation, cremation, and clothes clothes in the inside and outside room and searched things that could be stolen, was discovered to the victim who opened and opened a brogate, as mentioned in paragraph (1), before the house of the victim S (32 years of age) of the above Q apartment 304.

The defendant was faced with the victim who was frighten in the entrance, and the victim was frightened by the victim who was frightening the defendant's left hand, making the victim's face and breast part of the victim's chest.

As a result, the defendant attempted to steals the victim's property by destroying a part of the building at night and impairing the residence, and committed violence to the victim for the purpose of evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of S in the interrogation protocol of the accused by the prosecution (2 times in response) (2 times in response);

1. The police statement concerning R;

1. Seizure records;

1. Photographss within the victim S's residence, two photographs that the suspect has stolen, and the suspect opens, the victim S apartment crime prevention photographs and the victim R's residence;

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