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(영문) 대전지방법원 2016.09.28 2016고단2290
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 15, 2016, around 23:00 on June 15, 2016, the Defendant discovered that the victim D, Inc. 102, Seo-gu Daejeon, Seo-gu, Daejeon, had no locked, opened a window by hand and laid off a stove in the stove, and generated goods by intrusion upon the victim’s residence at night with one door and one stoves where the market price of the victim’s ownership in the stoves cannot be known, and then stolen the victim’s property at night, such as the victim’s property at night, at least five times as in the first half of the list of crimes committed.

2. The Defendant who violated the Act on the Financial Business Specializing in Fraud and Credit, was on July 10, 2016, committed an existing theft from the “F convenience store” which manages the victim’s name in Seo-gu Daejeon, Seo-gu, Daejeon.

G’s corporate bank’s credit card was carried out as if it were one’s own credit card, purchased a tobacco of an amount of 45,000 won equivalent to the market value, and then settled by presenting the said card at will and signing it on the pre-sale slip of credit card sales, and acquired the victims’ property through three times, such as the second re-mark of attached crimes No. 2.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Details on the use of theft cards;

1. CCTV images of the crime scene;

1. Images of CCTVs at the use of a theft card;

1. CCTV images taken over for committing a crime;

1. The scene of an accident and photographs of damaged vehicles;

1. Application of Acts and subordinate statutes to photographs of damaged vehicles;

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act of the choice of punishment (the point of larceny at night), Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of fraud) and Article 70 (1) 3 of the Act on Specialized Credit Financial Business (the point of use of stolen credit cards)

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. The observation of protection and the circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act are repeated.

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