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(영문) 전주지방법원 2015.09.17 2014고단240

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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On September 2013, 2013, the Defendant: (a) entered the victim C’s residence located in Seojin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) and intruded the victim’s residence by using the window opened at the time of his house; and (b) cut off the victim’s house with the amount equivalent to KRW 700,000,000,000,000,000.

2. On September 20, 2013, the Defendant: (a) committed an intrusion upon the victim’s residence through the window opened at the victim E’s residence located in Geumcheon-gu Seoul Special Metropolitan City; and (b) stolen the victim’s house with a size equivalent to KRW 1.4 million at the 1,400,000,000 and the market price of Nowon-gu 1,000,000,000 won at the lap, which was located in the clothes room.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each statement of F and C;

1. Each investigation report (F hearing statements and specify the date of crime);

1. Application of Acts and subordinate statutes for transfer certificate;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (Influence of residence, Selection of Imprisonment), and Article 329 of the Criminal Act (Influence of larceny and Selection of Imprisonment) concerning the crime;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to nine years of punishment by law; and

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) of the thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) Class 2 of the thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(c)final;