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(영문) 수원지방법원 2017.03.15 2016고단6977
절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 2015, the Defendant: (a) opened an unlocked door at the victim C’s house in Suwon-si, Suwon-si, the date of August 2015, and intruded up to the inner bank, and (b) opened a brupt of a 800,000 won in the market price owned by the victim C, which was in the brue of the place, and stolen with one, two, and one half of the 80,000 won in the market price owned by the victim C.

2. On December 2015, at night, the Defendant: (a) went to the same place as indicated in paragraph 1 of around 20:30, the date on December 12, 2015, when 2015, at around 20:30, the Defendant: (b) opened a bend door and intruded into a small bank; and (c) went to and stolen the Olympic commemorative coins and old Day money equivalent to KRW 300,00,000, the market price of the said victim’s ownership.

3. On June 13, 2016, the Defendant stolen and stolen the PC from around 00:10 on June 13, 2016, with a bank amounting to KRW 4.50,000,00 in the market price owned by the victim D, from around 0:10,000 to around 4.55,00.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. A statement of victims in connection with the preparation of D;

1. The application of Acts and subordinate statutes to CCTV photographs and investigation reports (the PC membership information) on crimes committed;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the point of larceny and the choice of each imprisonment), Article 330 of the Criminal Act (the point of larceny at night) concerning criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

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(b) Concurrent Crimes 1 - Criminal Intrusion No. 1 - Criminal Intrusion into a residence and the substantial concurrent crimes of larceny, but it shall be classified as the type of intrusion larceny and shall not be treated as a majority offence.

[Determinations]

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