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(영문) 대구지방법원 경주지원 2015.10.29 2015고단639
야간주거침입절도
Text

A defendant shall be punished by imprisonment for 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

On May 1, 2015, at around 04:20 on May 1, 2015, the Defendant: (a) committed in front of the “D” restaurant that is used by the victim C as a residence; (b) committed an attempt to steal money and valuables by entering the said restaurant with the end of the business and fire.

Accordingly, the Defendant: (a) opened a locked glass door by putting it off in two hands; (b) intruded into the said restaurant; and (c) stolen money and valuables worth KRW 129,000,000, total market value of KRW 130,000,000, which was located in the tobacco display stand in the name of the mobile phone in color of the inside of the mobile phone; and (d) stolen money and valuables worth KRW 129,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report (on-site conditions and attachment of seized objects), investigation report (the entrance of the victim C, correction of the entrance of the victim and statement of arrest details);

1. Records of seizure and the list of seizure;

1. Application of eight-yearly Acts and subordinate statutes to the site and seized objects; and

1. Article 330 of the Criminal Act applicable to the crime;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act were recovered, and all of the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., shall be determined as ordered, taking into account the following factors: the Defendant’s prior location; and the victim’s age, character and environment; and

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