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(영문) 대구지방법원 의성지원 2014.05.15 2014고단59

특수절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. In collaboration with B, the Defendant for special larceny:

A. On March 16, 2014, around 13:00, at the victim D’s residence located in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun, the victim’s market price, which was located on the floor of the living room, entered the living room together with a corrected entrance, citing KRW 1 and cash 40,000,000;

B. At around 13:30 on the same day, the victim’s market price owned by the victim, which was kept in a small room, opened an unrecepted window and entered the house, was 1.60,000 won in cash and 1.60,000 won.

2. On July 2010, the Defendant: (a) opened a gate that was not corrected between the victim’s house and opened at the lower room; and (b) 1.2 million won in cash owned by the victim, which was kept in the lower room; and (c) stolen the victim’s house at the first time and at the lower time.

3. At night, around 05:00 on October 2, 2013, the Defendant: (a) intruded into a house with a victim H located in Seongbuk-gun G, and did not correct the victim’s house; (b) intruded into the house through a window that did not correct the victim’s house; and (c) 1.60,000 won in cash owned by the victim located in the handbag above the head of the inside and outside bank.

Summary of Evidence

1. Each legal statement of the defendant and B;

1. Each police statement of H and D;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Articles 331(2) and (1) (a) of the Criminal Act, Article 330 (a) of the Criminal Act, and Article 329 of the Criminal Act, which provide for applicable provisions concerning criminal facts and for the choice of punishment;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The sentencing of Article 62-2 of the Criminal Act shall be based on probation and community service order.