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(영문) 제주지방법원 2016.02.03 2015고단1706
특수절도등
Text

A defendant shall be punished by imprisonment for four months.

Three (Evidence No. 8), excessive one (Evidence No. 9), and Gaz. that have been seized.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to the imprisonment of eight months at the Jeju District Court for fraud, etc., and the judgment became final and conclusive on October 23, 2015.

On April 27, 2015, at around 12:06, the Defendant entered the middle-gu Seoul Metropolitan Government with a knife, a dangerous object at the victim C’s residence, carried a knife, carried a knife, and carried a knife tape prepared in advance on the revised entrance glass, and opened an entrance and intruded into the entrance in the residence, and then cut off the entrance at the door at the end of 351,000 won in total at the victim’s market price at the end of 4,00 square meters, digital camera, one knife, two knife, one knife, one knife, one key food, two knife, two knife, and three keys.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (D phone investigation for witnesses);

1. Photographs, photographs, etc. of the scene of crimes;

1. Previous convictions indicated in judgment: A criminal investigation report (report accompanied by a summary order, etc. related to a suspect), and the application of statutes after inquiring about criminal history;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 331(2), 331(1) (the thief who carries a deadly weapon), 366 of the Criminal Act, and Article 319(1) of the Criminal Act concerning the selection of punishment (the point of intrusion upon residence, and the choice of imprisonment with prison labor);

1. Handling concurrent crimes and subsequent legal mitigation under Article 37 of the Criminal Act: Provided, That Article 39 (1) and Article 55 (1) 3 shall apply;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. In light of the following circumstances, the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code: The fact that the sentence is advantageous to the determination of the sentence as ordered: the recognition of the facts of the crime and the reflection thereof; the fact that the damaged goods were returned to the injured party; the fact that the nature of the crime is not good in light of the method of the crime; the fact that the damaged goods were punished for the same kind of crime; and other crimes of the final judgment.

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