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(영문) 대구지방법원 의성지원 2013.03.28 2013고단13
절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 4, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Eastern District Court on October 10, 201, and the execution of the sentence is terminated, and on July 26, 2012, the Defendant was sentenced to one year and six months of imprisonment for a special larceny at the Seoul East Eastern District Court on July 26, 201, and the judgment became final and conclusive on September 27, 2012.

At around 17:30 on October 25, 201, the Defendant: (a) opened 17:30 on the house of the victim D located in Changwon-si, Changwon-si; (b) opened the window crime prevention windows connected to the living room in hand by breaking it off on several occasions; (c) intruded the victim’s house into the victim’s house room due to the gaps of the window crime prevention windows; and (d) intruded the victim’s house with 18K worth worth of 1,200,000, market price of 200,000 won for women’s 18 K K 1,20,000 won for women’s gold bars, market price of 40,000,000 won for women’s 20,000,000 won for women’s gold bars and 30,000,000 won for the market price of the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (with respect to occurrence of stolen and damaged goods)

1. Notification of the result of appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (written judgments and reports on the confirmation of prisoners), and application of Acts and subordinate statutes to investigation reports (the fact that they are repeated crimes);

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that selects a punishment, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

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

1. Of concurrent crimes, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes is committed by the defendant, who has damaged the victim's house establishment and intruded upon the victim's residence, and then is not proper to commit larceny.

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