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(영문) 대구지방법원 상주지원 2014.04.22 2013고단616

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

A. A thief: (a) around July 21, 2013, at the beginning of 21:00, the Defendant delivered the food ordered by the victim prior to the fluorial door of the victim C, which was located in B, and then stolen two clothes, including the victim’s panty 2, 200 won in the market value of the victim’s possession, which was opened in the fluoring fluor, and the brue 2nd in the fluor.

B. At night, the Defendant, as described in the above paragraph (a), intruded the victim’s clothes in front of the victim’s house in front of the victim’s house for the purpose of theft of female clothes, as described in the above paragraph (a), into the front of the victim’s house. (i) On August 21, 2013, the victim’s market price, which was opened in the victim’s house rapidly on the top of 21:00, took four panty four typ, brop 4, and brop 19:30, and (ii) on October 30, 2013, the Defendant: (a) took advantage of the victim’s clothes in front of the victim’s house in front of the victim’s house; (b) took advantage of the victim’s clothes in front of the victim’s house; and (c) took advantage of the victim’s clothes in front of the victim’s house; (d) took advantage of the victim’s frop 2, 2013.

Accordingly, the Defendant invadedd the above C’s house at night, and stolen the clothes owned by the victims in total of KRW 160,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act chosen to impose a punishment, and Article 330 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. Reasons for the suspended sentence of punishment under Article 62(1) of the Criminal Act [Determination of a sentence] where intrusion theft [special scams] mitigation element for general property (special scams) - Where intrusion upon places other than indoor residential space (type 4) [decision of the recommended area] mitigation area [the scope of sentencing] mitigation area [the scope of recommendation] 8 months or 1 year.