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(영문) 대전지방법원 논산지원 2015.11.24 2015고단560
절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2015, around 11:55, the Defendant came to be a victim D’s house located in Seosan-si, 2015, and entered the said house and stolen the said house with a total sum of KRW 3,900,000, the market price of the victim’s ownership located in the inside bank of the said house, which was located in the inside bank of the said bank, one, one, one, two, two, two, and three,00 won in cash.

The Defendant, including that, from August 27, 2015 to September 10, 2015, attempted to steal or steal damage worth KRW 9,360,000, total market value of the victims, such as the list of crimes in the attached Table, from around 10 to 10 times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Written statements prepared by F, D, G, H, I, J, K, L, and M;

1. Records of seizure and the list of seizure;

1. Investigation report prepared by the police;

1. On-site photographs, photographs of crime scene photographs, comprehensive details of vehicles, CCTV image photographs, circular photographs, photographs of seized articles, and black stuff photographs;

1. Investigation reports (Correction of crimes within the jurisdiction of Geumsan and photographs of the scene of crimes) prepared by the police;

1. Relevant legal provisions concerning facts constituting a crime, Article 329 of the Criminal Act, the choice of punishment, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

3. Article 62 (1) of the Criminal Act;

4. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Recommendations based on sentencing standards;

(a) Crimes Nos. 1, 2, and 3: Penalty not imposed for any person who has been specially mitigated in the mitigated area (from August to June) No. 4 ( from January) for general property within the scope of recommending punishment No. 6, 10, 7).

B. As to each of the larcenys stated in the judgment, the range of final sentence according to the comparison between the punishment and the recommended punishment is from 8 months to 2 years.

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