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(영문) 대구지방법원 서부지원 2017.05.12 2017고단728
건조물침입등
Text

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

Reasons

Punishment of the crime

On August 12, 2014, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seo-gu District Court’s Branch Branch on August 12, 2014, and was sentenced to imprisonment with labor for a period of ten months on March 24, 2016, and was sentenced to larceny in the same court on March 24, 2016, and completed the execution of the sentence in the Daegu Prison on December 12, 2016.

1. On March 4, 2017, from around 01:09 to around 07:00, the Defendant: (a) intruded the victim C by an influenite method in sexual intercourse, which was managed by the victim C, 203-lane 14; and (b) stolen one head of Daegu Bank, one head of the Tong, which was the victim’s possession, who was kept in his/her book in his/her office room, in his/her possession.

2. On March 4, 2017, the Defendant withdrawn KRW 30 million in cash from that time to March 08:43, 2017, using the passwords stated in C’s account, such as withdrawing KRW 1,000,000 from that time, from March 13, 2017, at least 30 times, a total of KRW 1,00,000,000, from that time, using the passwords stated in C’s back page from the cash payment period of the Daegu-gu Daegu Bank, Daegu-gu, Daegu-gu, a total of 6 places at 30 times in cash payment period.

Accordingly, the Defendant stolen the cash managed by the Daegu Bank of the Victim Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Report on internal investigation (the photograph of a CCTV suspect if he/she withdrawss aTM cash from the Daegu Bank);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports;

1. Relevant Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment for a crime

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After being released from prison, the fact that the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is larger, and that there was a history of two times of having been sentenced to two times of punishment for the same crime.

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