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(영문) 인천지방법원 2018.11.09 2018고단6661
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 6, 2018, the Defendant infringed upon the victim’s residence by entering the victim’s house via a gate that was not set aside before the victim D’s house located in Bupyeong-si, Bupyeong-si.

2. The Defendant stolen, at the same time and place as described in paragraph 1, two iron ladders owned by the victim D (or equivalent to KRW 200,000 in the market price) and one window for the crime prevention of steel agents owned by the victim E (or equivalent to KRW 100,00 in the market price) by carrying them into ria at the same time and place as indicated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Written statements of each victim of D or E;

1. Police seizure records and list of seizure;

1. A report on occurrence (thief), internal investigation report (CCTV investigation report), each investigation report (related to the establishment of the crime of intrusion into residence, tracking of moving routes, identifying each suspect), and intelligence investigation report;

1. Application of the Acts and subordinate statutes concerning photographs, photographs of the victim's residence, places of theft, seized articles, photographs of purchase records, books of account, and CCTV images;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act, and the selection of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny against D with the largest number of concurrent crimes)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal defendant's crime of sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order was committed on the victim's residence, and the defendant stolen the goods, such as a sloping bridge and a crime prevention window, which were rear the victim's residence. The crime is very high in light of the risk of the method of committing the crime by intrusion upon residence around the new wall, along with the risk of destroying the goods by disposing of them on the high water, and then acquiring profits from the crime.

The defendant has a past record of criminal punishment on ten occasions, and among them, criminal records for the same crime, such as larceny, are seven times of imprisonment, and one time of imprisonment.

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