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(영문) 대구지방법원 2016.11.15 2016고단4659

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 20, 2016, at around 01:36, the Defendant: (a) invadedd the victim’s apartment house D in Daegu Northern-gu, Daegu Northern-gu, by creshing the gas pipeline, and satising the victim’s inner room; (b) went to and stolen the cash of KRW 300,000,000 owned by the victim within the bank located in the living room; and (c) from that time to August 30, 2016, the Defendant abused the victim’s residence four times in the same manner as indicated in the list of crimes in the attached Table, and subsequently stolen money and valuables worth KRW 2.47,00,00 in total, or attempted to steal.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D, F and G;

1. Protocol of seizure, list of seizure and voluntary submission;

1. Images, CCTV photographs (No. 4), and each CCTV photograph after a CCTV is cut;

1. Application of each field identification report (E, D), each field photo (E, D) statute;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny at night), Articles 330 (the points of larceny at night), 342 and 330 (the points of attempted larceny at night) of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations according to the sentencing guidelines - Category 1 (Scope of Recommendation) - No basic area (1 to 2 months) (1 to 3 months) of the basic area (1 to 4 months) of the theft against general property - No person who has been subject to the second crime / [Scope of Recommendation] no basic area (1 to 2 years and 6 months) of the basic area (1 to 4 months) of the theft against general property - No person subject to the third crime - The scope of Recommendation / The basic area (1 to 4 months) of the theft against general property / The basic area (1 to 2 years and 6 months) of the theft against general property / The basic area (1 to 4 months) of the theft against general property / The final sentencing scope of multiple offenders who have no special offender : one year to 1 July 4:

2. Consideration - Consideration - Considerations that take into account the context of the crime of this case, in the idea that it is necessary to draw up money to lead a life that does not drink food normally, and that it has reached the crime of this case, and that it is disadvantageous.