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(영문) 대구지방법원 김천지원 2018.01.16 2017고단298
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2016, at around 06:00, the Defendant: (a) went into the residence of the victim D located in Gumi-si, Si, Gumi-si; (b) went into the residence of the victim by opening the entrance; and (c) intrudes the victim’s residence with the entrance to open the entrance; and (d) was stolen by having the bank equivalent to KRW 50,000,000,000 in cash located on the room floor.

Summary of Evidence

1. Legal statement of the witness D;

1. Investigation report (where the victim finds the suspect at the time of committing the crime and attaching photographs of the suspect's escape route), investigation report (Attachment of photographs of the victim before and after committing the crime, the moving route and the place where the victim abandoned the bank), and investigation report (Attachment of a copy of the bankbook where the victim withdraws cash);

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

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 Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds), stolen a bank containing cash by intrusion upon the victim’s residence on the new wall.

The Defendant did not reflect the instant crime.

However, the defendant has no record of criminal punishment for the same crime.

The amount of damage in this case is relatively minor.

In the above circumstances, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, including the Defendant’s health status, the Defendant’s age, sex, family relationship, and the circumstances after the crime.

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