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(영문) 대구지방법원 2014.02.07 2013고단6678
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On January 27, 2010, the Defendant sentenced the Daegu District Court to three years and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the Daegu Prison on May 25, 2013.

[2013 Highest 6678]

1. On October 26, 2013, at around 22:00, the Defendant committed a theft of one copy of the resident registration certificate and two certified photographs owned by the victim’s resident registration certificate, which was stored in the TV sofet, located in the victim’s second floor, Daegu-gu, Daegu-gu, by intrusioning the victim’s D’s house located in the victim’s second floor via a cresh that was not corrected by the victim’s out-of-door cresh.

2. On November 21, 2013, at around 17:45, the Defendant came to the Victim F log in Daegu-gu E, Daegu-gu, and the Defendant intruded into the victim’s house through the entrance door, which was not corrected by using the cresh of the victim’s house, and opened the crepit, spathn, etc. in which the victim did not feel, and did not commit an attempted crime.

[2013dan6882] On September 2013, the Defendant received one cash card from the Daegu Bank under the name of the victim, under the name of the victim, to use the victim H to pay the daily allowances for human beings at the construction site in front of the victim H operated by the victim H in Daegu-gu, Daegu-gu around the end of September, 2013, and received 10,000 won on October 31, 2013, and the same month.

7. The embezzlement was made using entertainment expenses, etc. at will while withdrawing 330,000 won in total.

Summary of Evidence

[2013 Highest 6678]

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Police seizure protocol (2013 senior group 6882);

1. Defendant's legal statement;

1. The police statement of H;

1. Details of bankbooks (before and after the sale);

1. Application of Acts and subordinate statutes to inquiries on criminal records, etc., investigation reports (verification of attachment of a same type of power, and the expiration date of execution of punishment);

1. Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Article 355 (1) of the Criminal Act concerning facts constituting an offense (a point of embezzlement and choice of imprisonment) of the relevant Act;

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

1. The Criminal Act among concurrent crimes.

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