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(영문) 청주지방법원 충주지원 2015.04.24 2014고단526
특수절도
Text

A defendant shall be punished by imprisonment for one year.

One document (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to one year and three months of imprisonment for fraud at the Seoul Southern District Court, and was released on September 30, 2013 in the Seoul Southern Prison on the execution of the sentence, and the parole period passed on December 15, 2013.

On November 6, 2014, at around 04:05, the Defendant, “D” located in Chungcheongnam-si, Chungcheongnam-si, accompanied by the entrance glass and intruded into the said gold bank, and then, the Defendant her 18 KMM 18K 10,600,000 the market price of the 15 KM 15 KM 18K 18 KM 10,000, and 220,000,000, and 1,050,00,000,000,000,00,000, market price of the precious metal display 1,00,00,000, was prepared in advance.

Accordingly, the Defendant stolen property equivalent to the total market value of KRW 5,470,000 owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Seizure record and list;

1. Each photograph;

1. Inquiry into the enemy;

1. A report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of repeated period);

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act / [the scope of recommending punishment] In the case where the mitigated area (8 to 1.6 months) (special mitigation) of types 4 (accidents) (special mitigation) and intrusion upon a place other than indoor residential space [the decision of sentencing] imprisonment with prison labor for one year (the decision of sentencing) was committed during the period of repeated crime as long as the defendant completed the execution of punishment, and it is inevitable to sentence sentence because he did not make efforts to recover any particular damage even though the amount of money and valuables stolen is reasonable.

However, the records and records of this case, such as the fact that the defendant is recognized as committing a crime and the fact that some of the damaged articles are deemed to have been returned to the victim.

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