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(영문) 대전지방법원 천안지원 2016.08.04 2016고단599

절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Ⅰ. "2016 Highest 599";

1. On February 16, 2016, around 13:06, the Defendant infringed upon the victim’s residence by entering the victim’s house via an open gate with the intent to steals the object.

2. The Defendant stolen the victim’s cash amounting to KRW 3 million on the part of another victim’s residence after having cresh the victim’s house in his/her place of residence at the time, place, and at the time and place described in the foregoing paragraph (1).

II. "2016 Highest 778";

1. On January 15, 2016, the Defendant infringed upon the residence of the Defendant, via the stable entrance door opened from the victim F, Hongsung-gun, Chungcheongnam-gun, Hongsung-gun, by entering the said entrance to the said house.

2. The Defendant did not commit an attempted theft, i.e., assaulting the victim’s residence at the same time and at the same time at the same place as the above, and thus, did not commit an attempted theft, i.e., the Defendant was aware of the victim, who was shot up with money and valuables at the inside, and did not commit it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with respect to F;

1. Written statements of D;

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

1. Articles 319(1) (the point of intrusion upon each house held on January 15, 2016 and February 16, 2016), 342, 329 (the point of attempted larceny and larceny) of the Criminal Act, and each choice of imprisonment with prison labor for the crime;

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. 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. Sentencing Criteria (Scope of punishment on larceny): In the area of mitigation (from August to January to June) of the category of larceny in general property (in the case of larceny in violation of the provisions of paragraph (4), the area of mitigation (in the case of special mitigation) of punishment (in the case of larceny): In the case of a non-influor of punishment;

2. Determination of sentence: Imprisonment with prison labor for the same criminal history [the Daejeon District Court's branch court on June 29, 2012 for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes].