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(영문) 대구지방법원 영덕지원 2014.04.16 2014고단21

절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 14:00 on November 1, 2013, the Defendant entering the house of the Victim C (Inn, 80 years of age) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and went out to the house, and the victim went out, and did not correct in mind, using the gaps in the garden, in order to steal the property from the cresh that he did work in the garden, and infringed on the victim’s house.

2. The Defendant stolen KRW 73,00,00 in cash, which was contained in the victim’s knives hand room, at the same time and at the same place as that of paragraph 1, and in the case of a knives inside the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to investigation report (including attached photographs), (referring to money and valuables for damage and attaching field photographs);

1. Article 329 of the Criminal Act applicable to the crime, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the fact that the victim does not wish to punish the defendant by agreement with the victim, and that the damage is relatively minor);