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(영문) 서울중앙지방법원 2015.02.06 2014고단10138

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny and intrusion upon residence;

A. On April 10, 2014, around 15:00, the Defendant: (a) placed steel bars around the residence of the victim D in Gwanak-gu, Seoul Special Metropolitan City around 15:00; (b) opened a window after the opening of the window; and (c) infringed upon the victim’s residence; (d) placed two cashier’s checks of KRW 1 million and KRW 500,000,000 in cash on the victim’s possession in the small scam, and stolen them.

B. On April 15:00 around the end of 2014, the Defendant: (a) resided in the victim F in Gwanak-gu, Seoul Special Metropolitan City; (b) opened a window and intruded the victim’s residence; and (c) went into the victim’s residence; and (d) stolen the cash of KRW 300,000,000 owned by the victim under the Ansan X.

2. The Defendant attempted theft and intrusion upon residence around 15:10 around the end of April, 2014, when the victim H located in Gwanak-gu in Seoul Special Metropolitan City opened and opened a window around 104 I house where the victim H resided in Gwanak-gu in Seoul Special Metropolitan City, and infringed on the victim’s residence, and the Defendant failed to find a stolen object even though the Defendant opened and opened an arm’s length and clothes in order to steal the object.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and H;

1. Application of Acts and subordinate statutes to on-site identification reporting, site photographs, site photographs, and intensity of the place of crime;

1. Relevant Articles 319(1) and 319(1) of the Criminal Act, Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a theft of goods by intrusion upon another person’s residence at low level, and shall be subject to strict punishment in light of the method of crime and degree of damage;

However, there is no previous conviction that the defendant acknowledges and reflects the mistake.