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(영문) 수원지방법원 2015.01.14 2014고단2424
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on April 22, 2014, the Defendant: (a) intruded the victim D's 'E' managed by the victim D in Suwon-si C, Suwon-si; (b) intruded the victim's leaving the said high water, and then routing the said high water, into a bank prepared in advance for 10 km of the market price of 60,000,000, the market price of which is kept in the said place; (c) continuously opened up the office through the above upper water entrance; and (d) put 11,50,000,000 won per annum contained in the lower water door, which was located in the said bank, from that time to August 23, 2014; and (d) cut off the old electric wire at the market price of 3,389,60,000,000 won in total by the same method as the attached list of crimes, as in attached Form No. 14.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or F;

1. Each statement of G, H and I;

1. Each photograph;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method and frequency of crimes, and the repeated crimes of the same kind;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, and 342 of the Criminal Act concerning the crime;

1. Mitigation of discretionary measures under Articles 53 and 55 (1) 3 of the Criminal Act ( comprehensively considering all circumstances, such as the fact that a mistake of self-defense is pened, that all victims have agreed to do so, and that there is no same kind of force);

1. Reduction elements of types 1 (general and repeated thief) (special and repeated thief) (special and repeated thief) (special and repeated thief) of the Criminal Act, which are the grounds for sentencing under Article 62 (1) of the same Act, suspended execution, one year and six months to three years;

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