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(영문) 수원지방법원 안산지원 2015.03.25 2015고단327
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant, together with C, conspired with C to steal the abandoned house in the Ansan-do, which is a day-to-day house in the Ansan-to-day zone, and share the external situation with no electricity, and intrude the house into the abandoned house by making use of the gap where surveillance is neglected.

At around 14:22 on November 14, 2013, the Defendant, along with C, was waiting for a car, and the Defendant confirmed that there was no person inside the victim F’s house located on the 4th floor of the said house, and informed the Defendant of the fact by using electricity, and reported the network from the stairs. The Defendant opened and intrudes the victim’s house entrance and opened the victim’s house entrance, and the Defendant had six posts of 9,245,000 won in total, five posts, five half boxes, eight boxes, one clock, one clock, one clock, one KRW 1, one gift coupon, one cash 365,000 in total, and one KRW 365,00 in total.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. Records of police seizure and list of seizure;

1. The application of Acts and subordinate statutes concerning field photographs and editing photographs of black stay images;

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

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (including favorable circumstances, etc. among the reasons for sentencing below) reflects the fact that it is advantageous to the reasons for sentencing, partial recovery of damage was made, and the circumstance that the victim did not want the punishment was disadvantageous to the fact that the defendant was punished for the same kind of crime: Other factors such as the motive and circumstances of the crime, the age of the

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