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(영문) 대구지방법원 상주지원 2016.12.13 2016고단231
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 26, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for an injury in the Gwangju District Court’s net support, and completed the execution of the sentence in the Daegu Detention House on May 8, 2014.

【Criminal Facts】

1. On October 4, 2014, from around 22:00 to around 04:00 of the following day, the Defendant: (a) came to be a lodging room where the victim D residing in Gyeongbuk-gu residing in Gyeongbuk-do; (b) and (c) invaded the victim’s crehion to another place; and (d) cut off the Samsung juno-No-2 smartphone and KRW 1.50,00 won in cash amounting to KRW 6,40,000,000 in the market value of the victim’s ownership; and (c) cut off the Samsung juno-no-no-no-2 smartphone; and (d) one smartphone-phone case with one car driver’s license.

2. On October 5, 2014, the Defendant violated the Fraud and Specialized Credit Financial Business Act: (a) at F stations located in B at the time of residing in North Korea around 00:53 on October 5, 2014; (b) even if the fact was stolen as stated in the foregoing paragraph 1, the Defendant offered the above e-mail card to the victim G, an employee of the said e-mail, who was the lawful holder of the e-mail card; (c) made the said e-mail prepare the e-mail card; (d) signed the signature column; and (e) received alcoholic beverages equivalent to KRW 60,000 at the market price on the same page from the victim; and (e) received alcoholic beverages equivalent to KRW 1.50,000 at the market price

Accordingly, the Defendant, by deceiving the victim, received property, and used stolen credit cards.

3. On December 29, 2015, the injured Defendant: (a) around 18:00 on December 29, 2015, at the victim I (the 52-year-old-age-old-age-age-age-age-age-age-age-of-age-age-age-age-of-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-age-

As a result, the Defendant inflicted injury on the victim, such as a spatha, in need of treatment for about three weeks.

Summary of Evidence

1. The legal statement of witness I, J and D;

1. Part of the prosecutor's office and police interrogation protocol of the defendant

1. Prosecutions against G, D, I, and J; and

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