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(영문) 전주지방법원 2016.08.31 2016고단974
특수절도등
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. Larceny and intrusion upon residence;

A. On June 1, 2013, the Defendant: (a) on June 16, 2013, at around 16:00, opened a window beyond a fence and intruded on the inside and outside of the fenced at the victim C’s residence located in the former North Korea-gun; and (b) removed KRW 30,000 in cash from the victim’s bats located therein

L. A. L. theft was committed.

B. On September 16, 2013, the Defendant: (a) opened windows beyond the fenced and intruded on the inner part of the said victim’s residence; and (b) removed KRW 15,000 in cash from the inner part of the victim’s occupation in the said area.

L. A. L. theft was committed.

2. On January 4, 2016, the Defendant 17,000 won in cash is removed from the victim’s occupied money in the victim’s occupation where he/she was in the victim’s dwelling at around 23:00, by cutting off and destroying a cuter who was in his/her possession with math, after going beyond the wall and destroying a math, and intrusion it with an innerly.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C Police Statements;

1. A protocol of seizure and a list of seizure;

1. On-site photographs at the time of crimes;

1. Application of Acts and subordinate statutes of each investigation report;

1. With respect to the crime, Article 331(1) (a) of the Criminal Act in question, Article 329 of the Criminal Act, Article 319(1) (a) of the Criminal Act, Article 319(1) of the Criminal Act, and the crime of larceny and intrusion upon residence, each choice of imprisonment with prison labor for the crime of larceny and intrusion upon residence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A crime under Article 48 (1) 1 of the Confiscation Criminal Act / [Sentencing Criteria] Article 48 (1) 1 of the Confiscation Criminal Act / [Scope of punishment] Article 48 (1) 4 of the Punishment Act / [Article 48 (4) of the Punishment Act / [Article 4 (1) 4 of the Punishment Act / [Article 4 of the Punishment Act / [Article 4] Article 48 (1) 2 of the Punishment Act / [Article 4 of the Punishment Act / [the scope of recommended punishment] Article 4 of the Punishment Act / [Article 48 (1) 1 to 6 of the Punishment Act / [Article 48] Article 48 (1) 1 of the Punishment Act / [Article 48 (1) 4 of the Punishment Act / [Article

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