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(영문) 대구지방법원 2014.04.10 2013고단4808
폭력행위등처벌에관한법률위반(공동주거침입)등
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. Violation of the Punishment of Violences, etc. Act (joint residence) and special larceny Defendant and C, at around 14:00 on May 7, 2013, using the gaps in which the victim’s surveillance was neglected at the F market demand held by the victim E in Daegu-gu, Daegu-gu office around 14:00, in order to keep the victim’s supervision neglected, C shall observe C, and the network shall be reported. The Defendant intruded into C with a rab, punshes, he has prepared in advance the windows of the windows, and he did so together with 20,000,000 won of the market price, which is owned by the victim at that place, and loaded 20,000,000 won of the total market price, including 150,000,000 won of the market price and 120,000,000 won of the electric wires.

As a result, the Defendant, together with C, invadedd the structure owned by the victim F market indemnity, and stolen the victim E's property jointly.

2. Around 14:30 on May 9, 2013, the Defendant and C took advantage of the gapss in which surveillance of E, a custodian, was neglected at an empty store owned by the victim’s name in front of the office of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of a meeting of the victim, and C took advantage of such gapss as well as the network, and the Defendant took out a show of alkinum equivalent to the market price, which is the victim’s own windows, which was prepared in advance, carried out by the Defendant.

Accordingly, the defendant stolen the victim's property together with C.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning suspect interrogation of C;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (such as attaching photographs of damaged articles);

1. Article 2 (2) and (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 319 (1) of the Criminal Act (the point of joint residence intrusion); Article 331 (2) and (1) of the Criminal Act (the point of each special larceny);

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

1. Discretionary mitigation Criminal Act;

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