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(영문) 창원지방법원거창지원 2020.09.02 2020고단138
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 14, 2019, the Defendant, at around 10:00 on October 14, 2019, was at the victim C’s house located in Chungcheongnam-gun Development Bank of Korea, and around 10:00 on October 14, 2019, the Defendant: (a) opened a window on the right side of the residence where money and other valuables were not corrected for the purpose of theft by using the cresh of the house in the deaf-do; (b) removed the lock locking system in the vicinity of the region where money and other valuables were not corrected for the purpose of theft; and (c) removed the shoulder locking system in the vicinity of the region where the victim was corrected for the purpose of theft; and (d) removed the 50,000 won, which is the ownership of the victim who was under custody, and stolen the victim’s property equivalent to the total market price of KRW 2.1 million.

2. On February 11, 2020, the Defendant, at around 12:30 on February 11, 2020, committed larceny, and at the time of the victim E’s house located in Gyeongnam Development Do, the Defendant: (a) opened a door door door which was not corrected for the purpose of theft of money and goods by using the cresh of house in order to take out in the community hall; (b) entered the door door door door door door, one 50,00 won, and five 10,000 won, which were contained in the victim’s back labing of clothes, were stolen by the victim’s property of the victim’s total amount of KRW 10,000.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to report on investigation (Attachment of photographs of victim C at the damaged site);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include that the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to larceny on September 11, 2019 and returned to rural areas. While the victims had been sentenced several times of punishment due to the larceny, the Defendant committed the instant crime under the same criminal law, even though he/she had been sentenced to several times of punishment due to the larceny committed between the victims’ home and home, he/she again committed the instant crime.

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