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(영문) 서울북부지방법원 2017.01.19 2016고단5367
특수절도등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 14, 2016, at around 22:51, the Defendant: (a) intruded into the rear horse in the victim D’s residence located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) and (c) the Defendant, in a manner that the victim’s white fat, in a fat, fat, was obstructed by the Defendant, who was the victim’s fat, is an dangerous thing at the bank in which the Defendant was mershed ( approximately 20cm in total length, approximately 13cm in the blade).

In 4 times, the body part was damaged to cover approximately KRW 600,000 for treatment costs.

2. The Defendant: (a) carried excessive money at the same time, at the same place; (b) intruded into the back end of the victim’s residence beyond the fence; and (c) destroyed locking devices by inserting the slids of the sliding doors, and intruded into the living room into the living room, and (d) 1 box at a point equal to KRW 50,000,000 in the market price owned by the victim; (b) 1 box at a point equal to KRW 10,000 in the market price; and (c) 1 box at a point equal to KRW 20,000 in the market price; and (d) 1 mother and mother at a age equal to KRW 30,00 in the market price.

Defendant continued to enter and have been living together.

After removing the U.S. head of the Dong, 2.9 million won in total of the cash and checks owned by the victim in the U.S. was removed by his hand, and brought about the bank by inserting them in the examination color where the passbook, seal, etc. owned by the victim was entered.

The Defendant, while carrying a deadly weapon at night, destroyed and intruded a part of the residence, thereby thefting the victim’s property worth a total of KRW 3.1 million in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Receipts (medical expenses);

1. Application of the Acts and subordinate statutes concerning CCTV images and field photographs;

1. Articles 331(2) and 331(1), 369(1), and 366 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the reflectivity of the defendant, the victim D's intention not to punish the victim, and the property equivalent to KRW 3.1 million.

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