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(영문) 서울남부지방법원 2019.01.17 2018고단1987
특수절도
Text

A defendant shall be punished by imprisonment for one year.

No. 1 of the evidence seized in the case No. 2018 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to six months of imprisonment with labor for violating the Automobile Management Act at the Seocheon Branch of the Daejeon District Court on February 3, 2017, and completed the execution of the sentence at the Incheon Detention Center on November 2, 2017. From January 3, 2018 to 02:21, the Defendant came to a prefabricated-type warehouse of the victim C located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (a) around January 3, 2018, at around 01:0 to 02:21, the Defendant: (b) stored a “regular” prepared in advance in the right door gap of the said warehouse; (c) damaged the windows; and (d) intruded the said warehouse into the said warehouse; (d) three dynamics in an amount equivalent to 7.50,000 won at the market price of the victim’s possession; (d) 1 saw 300,000 won at the market price; and (e) carried out rice and (e) 5.

Accordingly, the defendant stolen the victim's property by destroying and impairing the windows of a structure at night.

On January 3, 2018, from around 02:26 to around 03:58 of the same day, the Defendant came to the greenhouse of the victim E in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and cut back the back door into an incombustible tool, and then intruded into the plastic house and stolen the back door into the plastic house at the market price of 120,000 won, which is the victim’s possession stored in the plastic house, one electric saw of an amount equivalent to 120,000 won at the market price of 120,000 won at the market price, one of the simplified machines of an amount equivalent to 60,000 won at the market price of 150,000 won at the market price, and one set of those amount equivalent to 150,000 won at the market price of 170,000 won at the night. Accordingly, the Defendant got out of the summary of evidence 2018,817.

1. Partial statement of the defendant;

1. Each legal statement of the witness C and witness F;

1. Prosecutions and police suspect interrogation records of the accused;

1. On-site inspection reports and photographs of the place of occurrence of a case;

1. Results of inquiries about requests for appraisal, requests for appraisal, reports on genes, and DNA information of detained suspects;

1. Investigation reports (investigation of details of damaged articles);

1. The investigation report (in addition to the description of the suspect's use of sirens) and the description of the suspect's use of sirens.

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