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(영문) 서울동부지방법원 2017.03.30 2017고단161
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 2016, the Defendant: (a) 22:00 in the middle and middle of 22:00, the Defendant: (b) invaded the Victim D’s house located in Gwangjin-gu Seoul Special Metropolitan City by intrusioning on the Victim’s house; and (c) stolen, with two hidden cosmetics sets, the market value of which was 220,000,000 won in a part of a customer via a small bank window.

2. On January 4, 2017, at around 19:05, the Defendant: (a) removed the window for the crime prevention of a living room as a hand; (b) went into the house of the said victim; and (c) came into theft by using a 1.5 million won of the market price, which is the victim owned by the display unit and the west, the market price of which is equivalent to KRW 1.5 million; and (d) one lap with a 22,00 won of the market price; and a 50,000 won of the cosmetic at KRW 4.7 million of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect by each prosecutor against the defendant or E;

1. Statement made by the police with regard to D (including F statement part);

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (including attached data);

1. Article 331 (1) of the Criminal Act (the point of special larceny) and Article 330 of the Criminal Act concerning the crime (the point of larceny at night);

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes by taking into account the following factors: (a) the method of commission of crime, such as intrusion into the victim’s residence or destroying and intrusion upon the window at night, is professional and highly dangerous; and (b) the amount of damage is not small; and (c) the punishment was determined as ordered by taking into account the fact that considerable parts of the damaged goods were returned to the victim due to the grounds for mitigation of the punishment.

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