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(영문) 제주지방법원 2014.03.21 2013고단1598
절도등
Text

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

Reasons

Punishment of the crime

[2013 Highest 1598]

1. On November 19, 2013, around 09:40, the Defendant entered the victim D’s house located in Jeju-si, and intruded into the house, and then cut off one of the non-legal losses at the market price owned by the victim, which was located in the center.

2. On November 19, 2013, around 09:50, the Defendant entered the victim F’s house located in Jeju City E, and intruded into the house, and then cut the investigation records of the instant case, which was located in the inner gate located in the plastic paper, 13 high group 15 pages, 110 pages, 12 pages, and 120,00 won in the market price, as set forth in paragraph (1).

[2013 Highest 1624] On June 15, 2013, the Defendant: (a) at the entrance of the “G apartment at Jeju City, G apartment; (b) at the entrance of the parking lot, the Defendant: (c) cut off one bicycle, one of which the victim’s name was set up in the lock with the front wheels, and whose market price cannot be known as the injured party’s possession; (d) was then loaded onto the lock for collecting high water; (c) [2014 Highest 7] on October 26, 2013, the Defendant cut off the metal shopping card owned by the victim J, one of which was set up in the lock, and the market price of KRW 60,00,00, which was set up in the lock.

Summary of Evidence

[2013 Highest 1598]

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Written statements prepared (2013 Highest 1624);

1. Statement by the defendant in court;

1. Statement to be prepared by K;

1. Investigation report and related photographs (2014 highest7);

1. Statement by the defendant in court;

1. Written statements prepared by the J;

1. Application of Acts and subordinate statutes to investigation reports (on the spot ctv verification);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 319 (1) and 329 of the Criminal Act; Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: The defense counsel for the determination of the claim of mental suffering from mental illness under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the defendant was in a state of mental suffering under the influence of alcohol at the time of committing the crime of this case.

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