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(영문) 대구지방법원 경주지원 2013.04.09 2012고단1384
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

[Criminal Power] On September 11, 2012, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for larceny, etc. from the Daegu District Court and racing support, and is sentenced to a suspended sentence of 2 years.

9. The judgment becomes final and conclusive and is still in the period of suspension of execution;

【Criminal Facts】

1. On March 18, 2012, the Defendant: (a) around 01:00 on March 18, 2012, at night, stolen property worth KRW 2.34,00,000, total market value of five times in total by July 8, 2012, including the theft of one cell phone and 23,000 won in cash, which is the victim’s market value, from the mouth where the Defendant opened and intrudes into the Ecafeteria for the operation of the victim D; and (b) installed in the Kacter, the Defendant stolen property of KRW 2,530,000,000, total market value by five times until July 8, 2012.

2. On June 23, 2012, at around 01:00, the Defendant: (a) committed a theft of property worth KRW 112,000,000, total market price by three times until June 23, 2012, including a theft of KRW 10,00,00,00, in total, from a credit cooperative located in a carter, which was located in the seat of a locker by breaking the lock-out door in front; (b) destroying the lock-out door, and then intrudes into the lock-out door through the entrance; and (c) destroying the lock-out system through the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, I, J, K, G, L and M;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, confirmation of facts during the period of suspension of execution of sentence, and application of Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense, Article 330 of the same Act, Articles 331 (1) and 330 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>

1. Article 62(1) of the Criminal Act, Article 60 of the Juvenile Act.

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