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(영문) 대구지방법원 의성지원 2016.09.29 2016고단143
절도등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A thief, on June 17, 2016, the Defendant: (a) entered the victim C’s house located adjacent to a television, and stolen KRW 180,000,000, in cash owned by the victim C, located adjacent to the television, around 10,000.

2. On June 26, 2016, around 20:05, the Defendant: (a) moved the victim and the wife of the victim to a passenger car before the victim E’s house located in the Sung-gun of Seongbuk-gun of North Korea; (b) took advantage of the fact that there is no place at the house, and colors the victim’s house into a passenger car; (c) took advantage of the fact that there is no concern about the house, and then, (d) took away the victim’s house and carried the object to theft into the victim’s residence; (b) took place to his/her her her her her son F (n, 30 years of age) who entered the house around that time, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C, E, and F;

1. Relevant provisions of the Criminal Act and Articles 329 (Influence, Selection of Imprisonment), 342, and 330 (Influences on residence at night) of the Criminal Act concerning the crime;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) An attempt to larceny residence at night (the scope of punishment recommended), thief for the larceny of general property (the thief for intrusion) in the area of special mitigation (4 months to one year and six months), thief for living, and non-permanentity for living;

(b) The range of punishment for larceny [the scope of punishment for larceny] The area of special mitigation (2 months to 10 months) (2 months) for general property [the area of special mitigation] [the area of final sentence due to the livelihood punishment for persons with special mitigation], and the aggravation of punishment for the majority of persons with no punishment: April to November 1

2. Determination of sentence: 10 months of imprisonment, 2 years of probation, and 120 hours of community service order is not good in that the defendant committed the crime in this case using trust relationship with the victims, and there is a record that the defendant was punished as a suspended sentence once for the same crime.

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