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(영문) 수원지방법원 안산지원 2017.12.21 2017고단3234

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality, and is an illegal sojourner.

1. Intrusion into residence and theft of a 4th floor of D Gosiwon;

A. On October 16, 2017, the Defendant: (a) in Ansan-si E around 15:00, when the victim F (43 years old) was in the residence of the victim F (F (43 years old) with the fourth 4th floor of the D Notice Board, and entered the victim’s residence and did not correct by using the absence crebs, and invaded the victim’s residence; (b) in sum, 60,000 won of the victim’s 50,000 won of the 4th floor and 10,000 won of the 4th floor of the D Notice Board; and (c) committed the theft.

B. On October 17, 2017, the Defendant invadedd the victim’s residence at the same place as that of the preceding paragraph in the same manner as that of the preceding paragraph at around 14:00, and took a theft of the victim’s residence with a total of KRW 440,000,000, including KRW 8,000, KRW 100,000 and KRW 4,000,000, KRW 10,000.

2. On November 8, 2017, the Defendant of theft in the G “G” bank pretended to be a customer in the “G” bank operated by the Victim C (53 Dose) located in Sinh at Sinung-si on November 15:30, 2017, and asked the victim to show one gold thmp (20 dump) equivalent to 3.950,000 won at the market price of the victim’s possession, which was displayed in the display stand. The victim, citing that as is, was the fluor, and the victim stolen the Defendant by means of escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement of I and F;

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( considered favorable circumstances, such as the fact that the defendant commits a mistake, the fact that there is no record of punishment in the Republic of Korea, and the fact that the damage to the victim C seems to be remarkably recovered);

1. Article 48(1) of the Criminal Act of confiscation.