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(영문) 대구지방법원 안동지원 2016.11.29 2016고단849
방실침입등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 12, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for non-prosecution, etc. in the Daegu District Court’s gender support. On September 3, 2016, the Defendant completed the execution of the sentence in the first prison for the North Korean defectors.

【Criminal Facts】

1. Around October 26, 2016, the Defendant intruded with the purpose of theft of another person’s goods, such as a hospitalized person under the E Hospital 402, which was operated by the victim medical corporation D at permanent residence C, on October 15, 2016.

2. On October 27, 2016, at around 10:34, the Defendant: (a) was hospitalized in the above 402 on October 27, 2016; (b) and then, (c) took advantage of the gap between the victim F, who was a subsequent inception, caused physical treatment and caused physical treatment, and then stolen the victim’s property in mind, with a luxious shield (including cash of KRW 1 million, vehicle keys, USD 1.00, KRW 1.00, KRW 1.00, USD 2, and driver’s license, etc.).

3. The defrauded: (a) at the time stated in paragraph (1), the facts in the E hospital operated by the said victim D had no money in water; (b) as seen above, the Defendant was hospitalized in order to steals another’s goods; and (c) had no intent or ability to pay the medical expenses in a normal manner; (d) instead, the Defendant, as if he were to pay the medical expenses, did not deceiving the original director and staff G, and did not pay KRW 91,400 of the medical expenses; and (e) obtained financial

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each investigation report, records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal history records, inquiry reports, and criminal investigation reports Acts and subordinate statutes;

1. Relevant Articles 319(1) and 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act - The reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act - the fact that the degree of harm is relatively small

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