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(영문) 수원지방법원 평택지원 2015.04.30 2015고단390

절도등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On February 15, 2015, around 10:00, the Defendant: (a) opened an open gate before the victim D’s house located in Ansan-si C; and (b) went into the house room; and (c) invaded upon the victim’s residence.

B. At around 15:00 on February 23, 2015, the Defendant opened a gate and entered a container located in the said house and infringed on the victim’s residence.

2. Larceny;

A. At around 10:00 on February 16, 2015, the Defendant: (a) opened a string room at the victim’s house as described in the above paragraph (a) above; and (b) entered the living room, and fell with the clothes of 2.50,000 won in total; (c) and (d) bruged two diseases, etc. in the market price.

B. At around 12:00 on February 21, 2015, the Defendant opened a entrance in front of the victim D’s house in Ansan-si C, and opened it, and cut off with five clothes equivalent to 50,000 won in total of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of thief photographs);

1. Articles 329 and 319 (1) of the Criminal Act applicable to the crime;

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

1. The scope of recommendations for larceny for which the sentencing guidelines set forth in Article 62 (1) of the Criminal Act on the grounds of the suspended sentence under Article 62 (1) of the Criminal Act are set: Taking into account all circumstances, including the fact that there is no substantial amount of damage among the mitigation areas ( April to October) in general property;