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(영문) 의정부지방법원 2018.09.05 2018고단1277 (1)
특수절도미수등
Text

A defendant shall be punished by imprisonment for one year.

One of the facts charged against the defendant is the attempted special larceny.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a night structure, theft, etc. at the District Court on February 2, 2016, and completed the execution of the sentence in the first intersection of North Korea on December 14, 2016, and on July 26, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny at the District Court on July 26, 2013, and on March 11, 2014, three times of records, such as imprisonment with prison labor for at least eight months for intrusion into a structure at night at the District Court on March 2, 2014.

At around 04:30 on March 13, 2018, the Defendant: (a) opened an office window in which the victim D had left the office and did not correct the office window installed after leaving the office by taking advantage of any gaps in the business of the victim D; (b) opened the office window in which the air conditioner was not corrected; and (c) intruded into the office window in which the new engine was not corrected; and (d) cut off with 1,50,000 won of the market price in the new engine, 1,000,000 won of the new engine, and 20,000 won of the market price.

As a result, the Defendant was sentenced to imprisonment not less than three times for committing theft, etc., and again intruded into the victim's residence within three years after the execution of the sentence was completed, and stolen the property.

Summary of Evidence

1. Statement of the defendant in the court room and statement of the defendant in the first and second public trial records;

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

1. Statement made by the police against D;

1. CCTV photographs (Evidence No. 56 through 58);

1. Police seizure records (voluntary submission) and photographs of seized articles;

1. Investigation report (a statement concerning the damaged goods of a victim D);

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (report on confirmation of identical records of the suspect and period of repeated crimes);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment [the scope of recommendation] [the scope of punishment] and the basic area (two to four years) (two to four years) of the Act on the Aggravated Punishment of Specific Crimes is nonexistent.

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