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(영문) 대전지방법원 서산지원 2016.12.22 2016고단641

절도등

Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On August 2015, the Defendant intrusiond the victim’s residence by means of the above 12 times in total, as described in the annexed crime list, from the time until May 14, 2016, when the victim C’s house located in Seosan-si, Seosan-si, Sinsan-si (hereinafter referred to as the “victim C”) came into the victim’s house through an open gate with an open mind of thefting the female’s clothes to the victim’s house.

2. A thief: (a) on August 14, 2015, the Defendant: (b) entered the victim C’s house located in Seosan-si B, Seosan-si; (c) had five pantyty lines and five broty lines in an amount equivalent to KRW 150,000 in the market price owned by the victim, and subsequently stolen the victims’ property on 12 occasions in total, as described in the list of crimes in the attached Table, from the time on May 14, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, L, and C;

1. Application of the Acts and subordinate statutes on photographs and CCTV photographs;

1. Relevant legal provisions concerning facts constituting an offense and the occupation of housing where a sentence is selected: Article 319 (1) of the Criminal Act; Article 329 of the Criminal Act; Article 329 of the Criminal Act;

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (8 to 1.6 months) of the mitigated area (special mitigation) [4 months] of the mitigated area (special mitigation] / [4] the decision of sentence] the unfavorable circumstances: the circumstances that are favorable to repeated crimes of the same kind: the circumstances that are likely to be too late: the above circumstances and the defendant's age, character and behavior, environment, background of the crime, means and result of the crime, and the circumstances after the crime, etc., are considered to be determined as the order.