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(영문) 대구지방법원 김천지원 2016.12.21 2016고단1624
절도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On September 19, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Daegu District Court, which became final and conclusive on September 27, 2014.

【Criminal Facts】

1. On September 13, 2016, from around 10:00 to December 12:00 of the same day, the Defendant: (a) opened a small door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, the victim’s ownership, and (b) cut off door door door door door door door door door door door door door door door door door and door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, the market price of the victim’s ownership.

2. On October 14, 2016, from around 13:00 to around 14:00 of the same day, the Defendant: (a) opened a kitchen window in Kimcheon-si E from the victim’s house in Kimcheon-si to the victim’s 14:00 on October 14, 2016; (b) intruded the victim’s house into the house; and (c) cut off the coffee 1,520,000 won in cash owned by the victim within the bank in the inside of the inside of the inside of the inside of the inside of the inside of the victim’s house; and (d) one,1,1,24 k gold bars in the market price; and (e) continuously cut off one, 24 k gold bars in the middle of the opening.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes to a report on investigation (in case of investigation into a sales place and an acquisition of stolen goods, it shall be applicable);

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

1. Of concurrent crimes, the crime of this case committed by the Defendant, for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, was committed by intrusion on an abandoned house located in a rural area with poor economic environment by driving his/her own vehicle, not only property damage but also peace of residence.

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