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(영문) 대구지방법원 김천지원 2017.10.19 2017고단763

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On October 2015, the Defendant intruded into the victim’s residence 29 times in total, from the time to March 26, 2017, including the entry of the victim’s housing maths via the gate, which was opened in the victim’s residence D, which had been thought to steal the victim’s property, during the period of his/her residence, from March 26, 2017.

2. From October 2015, the Defendant stolen the victims’ property worth KRW 607,00,000, totaling 25 times in total, from around March 26, 2017, including a 1 to 22,28-30 won per annum of the daily list of crimes in the attached Table, from the point of view that the victims owned by the victim D, who had been recorded for a long time at the residence of the victim D, who had been on the top of the rapid line, had been punished by KRW 40,00,00.

3. On March 12, 2017, the Defendant attempted to larceny the horses, etc. owned by the victims from the victim’s residence in Gumi-si, Gumi-si, Ma on the following occasions: (a) but did not find out the damaged items; (b) but did not bring about such intent; (c) from that time until March 12, 2017, the Defendant attempted to steal the horses, etc. owned by the victims from the victim’s residence at least five times in total, but failed to bring about an attempted crime, as in the list of crimes in attached Form No. 23-27, supra, from March 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G, D, H, I, K, K, L, M, N, P, Q, R, T, U, V, X, Y, Z and AA;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A photograph of a damaged field of photo and a CCTV image to take a course;

1. Application of Acts and subordinate statutes to the investigation report (as to the confirmation of the place where the person under consideration has laid the mash), the AB toilet photograph, the investigation report (as to the on-site verification of the suspect), the investigation report ( as to unspecified victims under subparagraph 3 of the evidence), the investigation report (as to attachment of photographs at the scene of the crime), the categories of the crime scene and photographs

1. Article 329 of the Criminal Act (the point of larceny) and Article 329 of the Criminal Act of the choice of punishment for the crime.