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(영문) 대구지방법원 영덕지원 2013.11.27 2013고단193
주거침입등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 2, 2013, around 06:30 on October 2, 2013, the Defendant: (a) when the victim D in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, used the place of business and residence as “E”, the Defendant removed the window screen of the window installed inside the house and intruded on the victim’s residence through the window.

2. The Defendant: (a) entered the victim’s residence at the same time and place as set forth in paragraph (1); and (b) entered the victim’s residence in the same manner as above, and took out KRW 1 million in cash, including KRW 50,000,000,000 in 16 and KRW 10,000,000,000.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D), reports on occurrence (thief), internal investigation reports (Attachment of On-the-spot photographs), internal investigation reports (verification ofCCTV Amera), investigation reports (verification of on-site oil), investigation reports (Comparison of suspect bicycles and CCTV bicycle data), investigation reports (Comparison between suspect bicycles and suspect's clothes, etc.), investigation reports (collection of damage), seizure records, and seizure lists, or application of the respective Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of punishment by law] 1 month or 9 years of imprisonment (decision of a sentence] among the larceny crime group, there is no aggravated element 4 types of larceny [Special Convict] of general property among the larceny crime group: The mitigated element : [the decision of the recommending area and the scope of sentence] mitigated range of general property among the larceny crime group: Imprisonment with prison labor.

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