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(영문) 서울동부지방법원 2013.08.27 2012고단2189
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Night theft;

A. On August 7, 2012, at around 02:00, the Defendant opened a later door of multi-household house located in Gangdong-gu Seoul Metropolitan Government, and intruded into the victim C’s dwelling 202 E, which was the residence of the victim C, and stolen the Defendant, with two clothes in the market value, which was owned by the victim, her quickly.

B. On August 7, 2012, at around 00:00, the Defendant opened a later door of multi-household house located in Gangdong-gu Seoul Metropolitan Government, and intruded into the victim D’s residence No. 202 Mar. 2, 201 with the victim’s house located in Gangdong-gu, Seoul, and stolen the victim’s market price, one of which was the victim’s ownership, and one of the hubs in the U.S.

2. On August 11, 2012, the Defendant attempted to larceny at night, following the opening of a door of multi-household house located in Gangdong-gu Seoul Metropolitan Government on August 11, 2012, and intrudes into a house located in Gangdong-gu, Gangdong-gu, Seoul to steals the clothes of the victims, and then steals the clothes of the victims. However, the Defendant attempted to commit an attempt with the wind, i.e., sound, e., by which he escaped from home, to the residents.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Written statements of D, C, and E;

1. Application of the Acts and subordinate statutes in currency with each photograph, victim C;

1. Articles 330 and 342 of the Criminal Act applicable to the crimes;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [decision on the punishment] thief [decision on the recommended area] basic area of larceny [the scope of recommendation] 1 to 2 years [general person] - 2 years and six months [the scope of general punishment] - the same type of repeated crime not falling under aggravated factors, and the same previous case and previous case (less than 10 years after the completion of execution] which do not fall under repeated crimes [the scope of applicable punishment] applicable provisions: 1 to 10 years [the scope of statutory punishment under Article 330] of the Criminal Act: (a) major reasons for concurrent crimes (whether suspended sentence is suspended] - Major reasons for concurrent crimes (not more than five years, a suspended sentence or a fine not less than three times): A lack of negative social relation [decision on the punishment].

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