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(영문) 인천지방법원 2016.02.23 2015고단5770
절도
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

around July 2014, the defendant invadedd the house of the victim D, Bupyeong-gu Incheon Bupyeong-gu, Incheon, and had 7,50,000 won of the market price of 750,000,000.

From around July 2015, the Defendant stolen clothes, etc. for women’s use worth KRW 1,204,00 in total seven times, such as the case of [Attachment] Nos. 9, 14, 15, 16, 17, 20, and 21 in the following manner:

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statements of E and F;

1. Each police statement made in relation to G, D, H, I, J, and F;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to the return of seized articles;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended punishment / [the scope of the recommended punishment ] The mitigated area (8 to 1 year and 6 months) of the mitigated area (the special mitigated person] / (4) in the case of intrusion upon a place other than indoor residential space / [the decision of sentencing] / there is no past record of punishment exceeding the same criminal record or fine, and other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as shown in the records and arguments of this case, shall be determined by exceeding the scope of the recommended punishment, and the sentence shall be determined as ordered.

The acquittal portion

1. The summary of the facts charged was opened by the Defendant at around 11:00 at the end of July 2012, 201, at around 11:00, by opening a 1st floor door that was not corrected in Bupyeong-gu Incheon, Incheon, and opened with 300,000 won for women’s inner clothes (panty typ, brogate) equivalent to 300,000 won for the victim L.

From then to June 24, 2015, the Defendant stolen clothes, etc. equivalent to KRW 2,940,00 in total, 14 times, such as [Attachment Table] Nos. 1 through 8, 10, 11, 12, 13, 18, and 19, in total, the market price of which was 2,940,00 won.

2. Determination;

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