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(영문) 대전지방법원 천안지원 2013.05.23 2013고단379

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Defendant,

1. On December 29, 2012, around 04:00, the victim D located in the Nam-gu, Dong-gu, Chungcheongnam-gu, Dong-gu, Dong-gu came into front of the victim D’s house, and intrudes into the house by using the open gate, and subsequently, the victim’s bridge in the second floor stairs amounting to KRW 40,00,000,000,000,000,000,000,000,000,000,000,000,00,000, and0,000,

2. At around 04:05 on the roads in front of the Dong-gu, Chungcheongnam-gu, 005 on the same day, the victim F, who was parked therein, stolen the G cargo vehicle owned by the victim, with the amounting to 85,000 won in the market value of the gas tank for filling air conditioners owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Application of each ctv photographs and Acts and subordinate statutes on the scene of damage;

1. Relevant Articles 330 and 329 of the Criminal Act concerning facts constituting an offense (the points of larceny at night in the market); and Article 329 of the Criminal Act (the point of larceny at the market and the choice of imprisonment);

1. From among concurrent crimes, the sentence of sentence is inevitable in that a defendant, among concurrent crimes, who is under the suspension of the execution of sentence under the former part of Article 37, Articles 38(1)2 and 50 (an aggravated punishment of concurrent crimes as provided for in night, intrusion and larceny with heavy punishment) of the Criminal Act, commits another crime of this case again. However, considering the fact that the defendant is committed at the time of committing a crime, and the value of the damaged money and valuables is not the amount of money and valuables being the higher in value and is against the mistake through confinement and living under confinement, the same sentence as the sentence