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(영문) 전주지방법원 2013.10.29 2013고단2073

절도등

Text

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

Reasons

Criminal facts

On August 10, 201, the Defendant was sentenced to six months of imprisonment with prison labor for night-time intrusion larceny in the Jeonju District Court’s military mountain support, and on July 19, 201, the same court sentenced the Defendant to three months of imprisonment with prison labor for larceny and completed the execution of the sentence on July 19, 2012.

1. Around 15:00 on July 19, 2013, the Defendant: (a) opened an entrance that was not corrected for the purpose of theft of property from the victim C’s house located in Gunsan-si, Gunsan-si; and (b) invaded upon the victim’s residence.

2. The Defendant: (a) at the same date and time as above, at the victim’s location, 18 k-2 k-2 k-2 k-2 k-2 k-1 k-1 k-1 k-1 k-2 k-1 k-2 k-1 k-2 k-1 k-1 k-2 in an amount equivalent to the market price of 190,000 won; (b) two k-1 k-1 k-24 k-1 k-2 k-2,00 in an amount equivalent to the market price of 242,00 won; (c) one 18 k-2 k-123,200 k-1 k-1 k-20 k-20 k-1 k-20 k-20 k-10 k-20 k-10 k-200 k-1 k-200 k-1 k-2.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Each protocol and list of seizure;

1. Each investigation report and evidential materials attached thereto;

1. Previous records: Criminal records, investigation reports (a copy of the judgment, confirmation of the results of a separate trial, and inquiry into the facts of custody), records of personal identification and confinement, application of a copy of each judgment to Acts and subordinate statutes;

1. Relevant Article 319 (1) and Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is as follows: (a) the Defendant, who led to the confession of the instant crime and reflects in depth the mistake; and (b) the recent judgment has been rendered.