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(영문) 대구지방법원 안동지원 2017.09.15 2017고단496

절도등

Text

1. The punishment of the accused shall be ten months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On May 5, 2017, the Defendant: (a) intruded into the “E” operated by the victim D in Ansan-si, Sindong-si, Sindong-si, around 02:00; and (b) brought about one drilling in the aggregate amount of KRW 20,00,00 in the market price owned by the victim D; and (c) from that time to July 13:00, the Defendant was colored to bring about or brought about cash or goods worth KRW 1630,000,000 in total, which were owned by the nine victims, over 26 times in order to bring about or bring about the said money or goods.

Accordingly, the Defendant stolen the victim F, G, and H’s property, and intruded the victim’s D, F, I, J, K, L, and M at night into a structure managed by the victim’s D at night, and attempted to steals property by impairing the structure managed by the victim D at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to D, H, M, I, F, J, and G;

1. Statement made by the police with respect to L (including K's statement part);

1. Each statement of L, M, I, D, F, J, G, and H;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Each report on occurrence;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. A larceny in relation to criminal facts and in the choice of punishment: A larceny in case of intrusion on a structure at night under Article 329 of the Criminal Act: Articles 330 and 330 of the Criminal Act: A person who attempted to larceny in case of a structure at night: Articles 342 and 330 of the Criminal Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations based on the sentencing criteria;

(a) Each determination of each type of punishment of larceny (No. 1, 2, and 3) at night: Each determination of each type of punishment of larceny (an offence No. 1, 2, and 3): each determination of each recommended area of larceny, theft of general property, and infringement of each type No. 4(2):