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(영문) 대구지방법원 2017.03.23 2016고단3164
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 9, 2016, from around 14:00 to 15:00, the Defendant: (a) cut off the Defendant into a hacksaw, which was prepared in advance to take a crime prevention window installed in a small room window, as he thought of theft of property from the victim D’s house located in Daegu North-gu Northern District; (b) cut the Defendant into a hacksaw, and intruded the victim’s residence.

2. The Defendant: (a) at the time of the above-mentioned day, stolen: (b) around 1.8 million won in the market price; (c) one gold-brut North Korea with approximately 2.220,000 won in the market price; (d) 100,000 won in cash; (e) one hundred and twenty thousand won in the market price; (e) one hundred and twenty thousand won in the market price; (e) one influence in the market price; (e) four influences; (f) four influences; (f) two influences; (f) three influences; (f) one influences; and (f) one influences; and (f) one influences; and (f) one influences.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (related to confirmation of damaged articles and damaged articles);

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes was cut to a hacksaw that the Defendant prepared in advance for the establishment of crime prevention, and intruded into another’s residence, and thus theft, the crime is not good in light of the criminal law, and the fact that it is not agreed with the victim is unfavorable.

However, the sentencing conditions, such as the defendant's recognition of the crime of this case and reflects the mistake, the fact that part of the damaged goods were seized and returned to the victim, the favorable circumstances such as the living penalty, and the defendant's age, family relation, sex, criminal conduct, environment, motive or circumstance of the crime, means and consequence, etc., shall be determined as ordered by considering all of the sentencing conditions.

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