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(영문) 창원지방법원 진주지원 2018.02.22 2017고단1051
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

1. Crimes against victims C;

A. On September 28, 2017, the Defendant was in the house of the victim C in Sacheon-si D around September 28, 2017, and the Defendant opened an unrecepted door door and opened a verification-type door and opened a verification-type door with the market price equivalent to KRW 1050,000,000 in the market price owned by the victim who intruded into the house.

B. On September 29, 2017, the Defendant: (a) infringed upon the victim’s house at around 11:30 on September 29, 2017; and (b) carried 1.4 million won at the victim’s market price, which is equivalent to KRW 1.4 million at the victim’s market price; (c) one set of “a mast car pid” fishing lines; and (d) 2.50 thousand won at the market price.

Accordingly, the defendant stolens the victim C's property and intrudes upon the residence two times.

2. Crimes against victims E;

A. A. On September 28, 2017, the Defendant committed a crime around September 28, 2017: (a) when, around 13:30 on September 28, 2017, at the Victim E house located in Sacheon-si F, the Defendant intruded the victim E by means of a gate that was not corrected by means of theft, and returned to the wife of the victim.

B. On September 29, 2017, the Defendant: (a) sought again at the home of the above victim around 12:00 on September 29, 2017; (b) opened an unrecepted front door door and intruded into the house; and (c) carried 60,000 won in cash owned by the victim in the inculatory cremation room.

Accordingly, the defendant invadedd the victim E's residence more than twice, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. G. C’s statement protocol with respect to the police;

1. E statements;

1. All on-site photographs;

1. Application of Acts and subordinate statutes on the CCTV closure screen;

1. Relevant Articles 329 (Larceny) and 319 (1) of the Criminal Act concerning facts constituting an offense, and choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, reasons for sentencing under Article 62-2 of the Criminal Act, and unfavorable circumstances: intrusion theft and repeated crimes.

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