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(영문) 대구지방법원 서부지원 2016.06.03 2016고단621
절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 4 shall be confiscated.

Reasons

Punishment of the crime

1. On February 4, 2016, at around 14:00 on around 14:1, 200, the Defendant: (a) went into the house of the victim D, an apartment of Daegu-gu, Daegu-gu, 203 Dong 1709, and confirmed that there is no person in the house; (b) and then, (c) opened one window for the crime of intrusion installed on a small room window, and intrudes into the house through a small bank window without locked and unlocked, and (d) went into the house and stolen seven precious metals, including one half of the total cash amount of KRW 1.9 million and one half of the market value of the victim, from that time to that time, the Defendant invaded the victims’ house over nine times in total, and attempted to steals the victims’ total sum, as stated in the list of crimes, and attempted to steals money and valuables at least 607,000 won or money and valuables owned by the victims.

2. On April 7, 2016, the Defendant attempted to intrude upon a house: (a) around 14:20 on April 7, 2016, the Daegu-gu apartment building 101 Dong Dong 1508, and the Defendant came to gather F; (b) the first race was subdivided into the house and confirmed that there is no person in the house; and (c) attempted to intrude the house through a small bank window installed on a small room window that is not opened and opened by hand; (d) however, the Defendant did not go to commit an attempted attempt, even though he did not go to go to the wind with the person coming from the elevator on the 15th floor at the 15th floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, D, I, and J;

1. Written statements of K, L, M, N, andO;

1. Application of the police seizure protocol statutes;

1. Relevant Article 329 of the Criminal Act (Section 329), Articles 342 and 329 of the Criminal Act (the attempted larceny) concerning the crime, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 322 and Article 319 (1) of the Criminal Act (the point of attempted intrusion upon residence), Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence), the choice of imprisonment with prison labor;

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. A sentence of criminal punishment shall be imposed on the grounds of sentencing under Article 48(1) of the Criminal Act (No. 1 and 4 shall be confiscated, and evidence No. 2, 3, and 5 shall not be confiscated) in light of the method and frequency of crimes, the amount of damage, etc., and criminal punishment shall be imposed.

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