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(영문) 청주지방법원 2016.11.18 2016고단2113
절도등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. The evidence seized shall be confiscated from the defendant;

Reasons

Punishment of the crime

The defendant, who bears approximately KRW 30 million on the Internet gambling, has been subject to economic pressure such as leaving the workplace due to this reason, was able to intrude into an abandoned house while the defendant was living with his parent, and stolen things.

On March 13, 2016, at around 13:00, the Defendant came to the residence of the victim D, the Defendant: (a) was prepared in advance, and then destroyed and damaged the window of the crime prevention window installed on the window, and invaded into the multi-use room through the window; (b) did not discover any stolen objects, but did not lead to an attempted crime.

From around that time to July 18, 2016, the Defendant, as indicated in the attached list of crimes, destroyed the victim’s house crime prevention windows or windows with a total of four times, and at the same time infringed on the victim’s residence, and did not steal or commit attempted property in an aggregate of KRW 5,480,000, the market price owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes to reports on the occurrence of theft incidents, reports on the results of field identification, photographs of each site, field photographs, appearance and search, photo description, gold banks in the jurisdiction of the Gu, G purchase books, genes appraisal records, seizure records, seizure records, list of photographs, and photograph description;

1. Relevant legal provisions concerning facts constituting an offense and Articles 329, 342, 366 and 319 (1) of the Criminal Act that choose a penalty (or, respectively, choice of imprisonment);

1. Crimes No. 1 for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1) of the Confiscation Criminal Act) were committed for the purpose of sentencing general property / [the scope of recommending punishment / [the scope of recommending punishment ] Crimes No. 2 of living-type crimes in the mitigation area (8 to 1 year and 6 months) of the mitigation area (the mitigation area / [the specially mitigated person] / [the scope of recommending punishment ] Special mitigation Area (4 to 1 year and 6 months] (the specially mitigated person].

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