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(영문) 수원지방법원 안양지원 2014.02.28 2013고단1620
야간주거침입절도등
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, on November 2, 2013, the Defendant: (a) around 19:00, the Defendant: (b) went into the house of the victim D; (c) on November 2, 2013; (d) 14 head of Tong, resident registration certificates; (d) 9; (d) 4; and (d) 180,00 won in cash, having two fingers, which were installed on the house of the victim D; and (d) intruded with balcony windows installed on the wall of the house of the victim D; and (e) was stolen.

2. At around 21:00 on November 2, 2013, the Defendant thefted KRW 2,030,000 on seven occasions in total, as shown in the annexed Table of Crimes, from the cash payment period administered by the victim king Agricultural Cooperatives established at the king Agricultural Cooperative Don Agricultural Cooperative's Don-dong, 643-3, as indicated in paragraph (1) by inserting the stolen No. D's cash card into the said cash payment period and withdrawing KRW 410,000 by entering the password, as described in paragraph (1).

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of police seizure and list of seizure;

1. A table of time for sunrise and sunset (the fact of crimes No. 2 in the market);

1. Defendant's legal statement;

1. Application of the details of transactions and Acts and subordinate statutes governing withdrawals;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (including the fact that the criminal conduct is against each other, the fact that there is no record of criminal punishment other than once the suspended sentence, the damage has been recovered, and the victim does not want the punishment);

1. Social service order under Article 62-2 of the Criminal Act;

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