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(영문) 대전지방법원 2017.05.19 2017고단1294
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. From March 23, 2017, the Defendant committed larceny by intrusion upon residence, etc., the Defendant came to a cafeteria operated by the victim D in Geumsan-gun C at around 02:5,00 won in cash owned by the victim, who was kept in the Kashter and was in custody in the Kashter, and opened an open door that was not corrected, and intruded into the open door, and collected 115,00 won in cash owned by the victim.

In addition to theft, from January 2017 to the above day, the property amounting to KRW 3,062,00 in total, every eight times, including the theft of another person, was stolen, and the other person’s goods were stolen over four occasions, but the intention was not achieved, was not achieved, respectively.

2. On March 20, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, and run a 100 km distance from the 38-7rd-ro, the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the natural recreation forest located at the lower-dong of Daejeon-gu, Daejeon, by driving a stunst motor vehicle on March 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police with respect to G, H, D, I, and J;

1. Entry in the K Book (it shall be deemed not to be mental or physical, but shall not be accepted in light of the method of committing the crime);

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 330 (the larceny of intrusion on night buildings, and the larceny of intrusion upon residence at night), 329 (Aggravated Selection), 342 and 329 (Aggravated Selection) of the Criminal Act, Articles 342 and 330 (Aggravated Selection of Imprisonment and Selection of Punishment) of the Criminal Act, Articles 342 and 330 (Aggravated Offense of Larceny) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 (A Unlicensed Driving and Selection of Imprisonment) of the Road Traffic Act;

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. The grounds for sentencing under Article 62(1) of the Criminal Act are reflected in the suspended sentence, most of the victims have no record of agreement and punishment, intellectual disability 3 level, Defendant age, etc.

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