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(영문) 창원지방법원 진주지원 2015.09.09 2014고단667
야간방실침입절도등
Text

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

except that 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. At around 14:00 on January 30, 2014, the Defendant: (a) opened a gate that was not locked by the victim C, the victim C, who was in Sacheon-si, and opened a gate that was the victim C, and intruded into the victim’s room.

2. Larceny;

A. The Defendant, at the time and place specified in Paragraph 1, stolen cash of KRW 300,00,000, which was owned by the victim C, in an incident.

B. On March 15, 2014, around 10:20 on March 15, 2014, the Defendant stolen KRW 50,000, the cash owned by the victim E, which was located in the waiting room in the D non-totowing course located in Sacheon-si B.

C. At around 17:00 on April 12, 2014, the Defendant: (a) cut off 10 U.S. dollars 10 U.S. dollars 4, U.S. dollars 1, U.S. dollars 26 U.S. dollars 4, U.S. dollars 26.

3. On February 21, 2014, at night, the Defendant: (a) opened a gate that was not set up in the D dormitory 308, a room for the victim G located in Sacheon-si B; and (b) laid off and stolen the door to the room; and (c) cut off the wall that was the victim’s own cash, which was in the front state, with the amount of KRW 1,200,000, which was the victim’s possession.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement of C, G, and F;

1. Each photograph;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of punishment (infence by room, choice of imprisonment), Article 329 of the Criminal Act, Article 330 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of sentence recommended on the sentencing criteria [decision of type] thief (person subject to special mitigation] thief (the scope of recommending punishment] imprisonment with prison labor for not less than eight months but not more than one year and six months;

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