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(영문) 대구지방법원 서부지원 2012.11.01 2012고단377

절도등

Text

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

Seized evidence 1, 2, and 3 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On October 22, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. and 2 years of suspended execution, and on July 2, 2010, the above court was sentenced to 1 year of imprisonment with prison labor for larceny and the above judgment became final and conclusive on September 8, 2010, and the sentence of suspended execution was invalidated, and on October 28, 201, the parole period was expired at the Kimcheon Juvenile Reformatory. < Amended by Act No. 11097, Oct. 28, 2011; Act No. 11100, Dec. 2, 2011>

【Criminal Facts】

1. On February 13, 2012, the Defendant: (a) entered the victim’s house in Seogu-gu, Daegu-gu, Daegu-gu, in a way beyond the office entrance of the victim D; (b) invaded the victim’s house; and (c) stolen the victim’s house with 135,000 won in total at the market price of 25,000,000 won in the victim’s house owned by the victim D; (d) one clock of 150,000 won in the victim’s fire-fighting market price in the west-gu, Daegu-gu, Daegu-gu; (e) one clock of 30,000 won in sight of the victim’s market price in an amount equivalent to 80,000 won in the victim D’s market price.

2. On March 21, 2012, around 14:10, the Defendant: (a) entered the said victim’s residence in the said place above the entrance door; (b) intruded into the said victim’s residence; and (c) had one even a brupt and a brupt hold in an amount equivalent to KRW 1,000 in the market price owned by the victim D, located on the new site; and (d) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each seizure report, investigation report (related to attaching photographs of damaged articles), and investigation report (related to the confirmation of damaged articles);

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, previous records of disposition and report on results of confirmation, investigation reports (Attachment to previous records and copies of judgment, etc.);

1. Article 319 (1) of the Criminal Act (the point of intrusion upon residence) and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation Article 48(1)2 of the Criminal Act