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(영문) 대구지방법원 포항지원 2013.06.19 2013고단390
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 21, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), etc. on July 21, 2009, and completed the enforcement of the above sentence on July 21, 2009. On August 17, 2012, the Ulsan District Court sentenced the Defendant to three years of imprisonment with prison labor for the crime of rape and became final and conclusive on August 20, 2012.

On March 23, 2012, the Defendant entered the house through the entrance not corrected in Section A 103, Dong-dong of building D, the residence of the victim C located in Ulsan-gu, Ulsan-gu, and entered the house. On March 23, 2012, the Defendant: (a) 2.50,000 won in cash owned by the victim in the location; (b) 1 of Samsung Laborpt North Korea, the market price of which is equivalent to 1.39,000,000 won; (c) 1 of Samsung Digital Ca, the market price of which is equivalent to 980,000,000 won; and (d) 10,000 won in cash owned by the victim; and (d) 13,000,000 won in market price; and (e) 1,1330,000 won in market price; and (e) 1,1930,000 won in market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of the expiration of the period of punishment A), investigation reports (Attachment of the judgment), investigation reports (reports accompanied by confirmation date), and statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 329 and 319 (1) of the Criminal Act that choose a punishment, and Articles 319 (1) of the Criminal Act, and choice of imprisonment with prison labor;

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

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that the defendant has been punished for the same kind of crime;

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