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(영문) 서울동부지방법원 2017.05.24 2017고단1072
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Larceny, attempted larceny and intrusion upon residence;

A. On May 2016, the Defendant: (a) opened a entrance with a key located next to the entrance of the victim C, which was located in the front door of Seoul Special Metropolitan City Gwangjin-gu B lending 104, and intruded into the house; and (b) used 12 precious metal, including 2,200,000 won in total of the market price owned by the victim in the crepite of the cremation at the place where the entrance was located and stolen.

B. On July 2016, the Defendant: (a) opened a locked window and intruded inside the house of the victim E located in Seoul Special Metropolitan City, Gwangjin-gu, Seoul, and 302; and (b) cited two gold 14K bombs in total equivalent to KRW 3.50,000 in the market price of the victim’s possession on the inside cremation.

(c)

On December 28, 2016, the Defendant: (a) opened the entrance door at the seat of the victim G located in the Seoul Special Metropolitan City, Gwangjin-gu F and the first floor; and (b) attempted to steal money and valuables by intrusioning upon the entrance and the living room; (c) however, the Defendant did not have attempted to commit it on the wind that the victim scams down, while displaying stolen objects.

2. Although the validity of a driver’s license was suspended from December 30, 2016 to April 8, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving). However, around December 30, 2016, at around 07:30, December 30, 2016, the Defendant: (a) delivered a house from the 36-6 front road of the 36-6-gil-dong, Seoul Gwangjin-gu, through the road of the 255-4 front road of the 36-dong from the 36-6-dong, Samyang-si, Seoul, and then (b) delivered a house from the 36-6-6rd road of the Namyang-si, at around 21:00 on December 30, 2016, to KRW 59, 36-6 km, and (c) operated a H and freight vehicle from the 100km to the 36-6rd road of the 10th day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and statements (G, E, C);

1. Investigation report (related to the suspension of A driver's license and the application of Acts and subordinate statutes concerning the operation of vehicles during the suspension period);

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

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