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(영문) 대구지방법원 안동지원 2016.10.07 2016고단526

절도등

Text

1. The sentence against the accused shall be three million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

Around 1:00 on June 30, 2016, the Defendant entered the house located in Ansan-si B into another open crepan, going up to the second floor through stairs, and intruded with an unrecepted small door window, and had at will one of approximately KRW 20,000,000, which was the victim's possession in the head of the ward.

Accordingly, the defendant stolen the property owned by the victim by intrusion upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on occurrence, report on results of field identification, response to the results of appraisal of the scene of each crime, and confirmation of identity of fingerprints of the larceny case;

1. Application of Acts and subordinate statutes on report of internal investigation (personal information on suspected victims);

1. Relevant legal provisions concerning facts constituting an offense and larceny of the choice of punishment: Points of intrusion upon residence under Article 329 of the Criminal Act: Article 319 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is not that of the nature of the crime in light of the method, risk, etc.

This is an unfavorable circumstance to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

There is no other criminal power except a fine imposed on a defendant for a violation of the Road Traffic Act in 2008.

The amount of damage is the small amount.

The victim does not want the punishment of the defendant by mutual consent with the defendant.

In light of the amount of damage and the economic situation of the defendant at the time, the larceny of this case seems to be a living crime.

After committing the crime, the defendant is taking employment in the banner advertising company, and lives with new life.

This is the circumstances favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances after crimes, etc., and all the circumstances shown in the arguments and records of this case shall be determined as ordered.