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(영문) 대구지방법원 2012.10.26 2012고단5639
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. A thief: (a) around 21:00 on April 11, 2012, the Defendant: (b) opened a door of the victim C-owned D D D D-owned vehicle; and (c) stolen the property owned by the victim, which would bring about 3.80,000 won in the market value.

2. Night theft;

A. On April 16, 2012, the Defendant: (a) entered the victim E’s house located in F 203 at around 20:0 on April 16, 2012, the Defendant: (b) went into a plan by putting the gas pipe up on the house of the victim E; and (c) stolen the property owned by the victim, i.e., one smartphone when the market price was 1,100,000,000 won at the time of Samsung C&M, the market price of which is equivalent to KRW 1,100,000,000; and (d) one red swine fluter, which was in an influenite amounting to KRW 1,30,00,00,000 in the market price.

B. On May 22, 2012, the Defendant: (a) entered the victim G house located in Daegu-gu Daegu-gu H building 102 on May 2, 2012, 22:40; (b) intruded into a scheme through a window putting gas pipes up; and (c) brode and 7,000 won brode brods and 7,000 won brods and brods of market price under the scheme, thereby cutting down the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to G, E, and C;

1. Sheet North Korean photographs, stolen cash photographs, vehicle photographs, and fashion photographs;

1. Data verifying the time of sunset;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of larceny: Article 329 of the Criminal Act;

(b) Night times theft: Article 330 of each Criminal Act;

1. From among concurrent offenders, even though several measures of suspended sentence were taken for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the crime was not eradicated, and the crime was committed again.

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