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(영문) 서울동부지방법원 2016.09.12 2016고단2217
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On March 15, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for attempted murder at the Seoul High Court, and completed the execution of the sentence at the Seoul Southern Prison on May 7, 2014.

[Criminal facts]

1. On June 28, 2016, around 18:00 on June 28, 2016, the Defendant: (a) went into the ward through the open door door to the ward; (b) went into the ward; and (c) then, (d) went into the ward, and then, (e) came into the room, resulting in theft and intrusion; (b) resulting in a theft of KRW 1,200,000 in total amount of market price owned by the victim; and (c) resulting in theft of KRW 1,20,000 in cash.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. Around 02:00 on July 11, 2016, the Defendant: (a) placed a knife knife (34cm, 29 years of age) in front of that knife, knife, knife, knife, knife, knife, and knife knife knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife knife knife knife knife,

Accordingly, the Defendant infringed upon the victim’s residence by carrying dangerous articles, and stolen the victim’s property by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement made to D or E;

1. Police seizure records;

1. On-site reports on results of field inspection, investigation reports (on-site 33, 35 pages of investigation records), and investigation reports (on-site 182 through 185 of investigation records);

1. Confirmation of sufficient photographs, sludge photographs, and fingerprinting cases;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 329 of the Criminal Act and Articles 319 (1) (a point of intrusion upon residence), 331 (2), and 331 (1) (a point of special larceny) of the Criminal Act concerning facts constituting an offense;

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