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(영문) 대구지방법원 2015.07.21 2015고단2395

주거침입등

Text

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

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which became final and conclusive on December 20, 2014, and is still under suspension of execution.

1. On March 9, 2015, the Defendant, at around 11:20, confirmed that there was no person inside the house through the window opened at the time of the victim D (n, 45 years of age) located in Gyeongdong-gun, Gyeongdong-gun, and subsequently, entered the said window and into the house, thereby infringing on the victim’s residence.

2. Larceny;

A. The Defendant, at the time and place as referred to in paragraph (1) and in the same manner as referred to in paragraph (1), carried and stolen a hand room consisting of one head of Tong, two cash cards, 60,000 won in cash, and one gift certificate of KRW 50,000,000, which was located in the victim D’s house and located in the ward’s house in the same manner as in paragraph (1).

B. On March 9, 2015, the Defendant: (a) from around 11:52 to 11:56 the same day, from the cash withdrawal machines installed within the point of dwar-gu, Pacific-gun, 220 via the center of the victim Nong-gun, Pacific-gun, Pacific Bank.

In the same manner, the use of the stolen passbook and the cash card were inserted into the above cash withdrawal machine, and it was cut off five times in total by entering the passwords which D entered in the agricultural bank passbook, and then withdrawing the total amount of KRW 4,160,000 in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. 30 copies of a photograph, and nine copies of cash withdrawals after the closure of a dynamic image course;

1. Previous records: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommending punishment according to the sentencing criteria (the scope of recommending punishment) shall be the larceny of general property;