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(영문) 대구지방법원 2014.11.27 2014고단4772

절도등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around 12:00 on August 19, 2014, the Defendant entered into a residence with a view to understanding whether a house with a mind to steal the object from the victim C’s residence in Daegu-gu B, 104 Dong 503 around 12:0 and the house was unfolded.

The Defendant, who previously worked as Samsung AS engineer, visited Samsung 104 Dong 502 of the above apartment house, and entered the secret number that he reported to the victim who was aware of the secret number of the front door correction device in the above apartment house, which is immediately next to the above apartment house, and opened the door door and intruded the victim's residence.

2. At the same time, the Defendant stolen 20,00 won in cash and 25 precious metal 25 points in the city’s aesthetic value, such as a gold straw (Hat-shaped) straw, which was kept in the cremation of the cremation room, which was located within the boundary of the above residence.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of C’s statement;

1. Each protocol of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to photographs and purchase ledger at the time of seizure of damaged articles;

1. Articles 329 and 319 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] There is no basic area (one to two years) of types (one to half years) of general property (one-year) [Judgment of sentencing] (a person having a special character] (a decision of sentencing] the Defendant has invaded upon his residence and stolen goods, and the quality of the crime is not good; damaged goods also constitute 25,000 won in cash and are not less and less damaged by the cause of the crime; the Defendant was punished by a fine of one million won in fine due to larceny in 2012; the money and valuables stolen were recovered by the Defendant’s application and returned to the victim; the Defendant’s mistake is divided and against it; and other important circumstances.