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(영문) 대구지방법원 김천지원 2015.02.11 2015고단36
야간주거침입절도등
Text

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

Reasons

Punishment of the crime

1. At night, at around 21:00 on the lower order of November 2014, the Defendant: (a) intruded the victim D’s house located in Gumi-si, Sinsi; (b) had three panty lines for women on the market price not owned by the victim; and (c) stolen them from that time, until December 29, 2014, the Defendant at night, with three panty lines for women on the market price not owned by the victim; and (d) had three typ lines listed in the attached Table No. 5 in the bill of indictment from December 29, 2014; and (b) corrected the “No. 12” as it appears to be a clerical error.

(See 72 pages) At night, 19 pantys of the victims were stolen at night.

2. On December 29, 2014, the Defendant who attempted to larceny at night is the Defendant’s bill of indictment at around December 21, 2014 as “21:00 on December 19, 2014,” but is deemed to be a clerical error and thus corrected.

(See 13 pages of investigation records). In the case of the victim F in Gumi-si, the victim F was into the house of the victim F in Gumi-si, and the victim tried to steals the clothes for women, but it did not bring about an attempted attempt without discovering the stolen objects from the math.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, D, F, H, and I;

1. Each protocol of seizure and each list of seizure;

1. Application of 9 copies, such as the site and photographs of damaged articles, and 34 copies of seized articles; and

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 (the points of night larceny), 342 and 330 (the points of night larceny) of the Criminal Act concerning the choice of punishment;

1. From among concurrent crimes, even though there was a record of being sentenced to punishment for the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the punishment is imposed repeatedly, in that the victims want to punish the defendant, and the degree of damage is not significant, and the extent of recommended punishment according to the sentencing guidelines [the first crime: the theft of general property].

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