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(영문) 수원지방법원 안산지원 2016.07.20 2016고단2178

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Criminal facts

around 12:00 on February 1, 2016, the Defendant opened a gate and enters into the entrance by using the keys kept in Seoul Seongbuk-gu Seoul and 102, and after entering the entrance of the gate, the Defendant’s cash 50,000 won and agricultural merchandise coupon 20,000 won in cash, located near the entrance of the gate C.

L. A. L. theft was committed.

In addition, the Defendant intruded upon the residence with a view to stealing another person’s property through the same method nine times from September 27, 2013 to February 1, 2016, as indicated in the list of crimes in the attached Form, and thereby stolen the property worth KRW 758,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C, D, E, and F;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the crime, Article 319(1) of the Criminal Act concerning the selection of the punishment (the point of intrusion upon residence), Articles 322, 319(1) (the point of attempted intrusion upon residence) of the Criminal Act, Article 329(1) of the Criminal Act (the point of attempted intrusion upon residence), Articles 342 and 329(1) of the Criminal Act, Articles 342 and 329(1) of the Criminal Act, and each choice of imprisonment with prison labor;

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 stay of execution (not yet until damage has been recovered), such as the fact that the defendant has been led to confession and reflected by the defendant, the total amount of stolen goods is not large, the fact that the defendant is the first offender, etc.);

1. It is so decided as per Disposition on the grounds of Article 62-2(1) of the Criminal Act, Article 59 or more of the Act on the Observation, etc. of Protection.