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(영문) 광주지방법원 2015.05.01 2014고단4429
야간건조물침입절도등
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

1. On September 18, 2014, between 02:30 and 06:00, the Defendant came to the office of the D Management E Limited Partnership Company in Gwangju Mine-gu, the Defendant: (a) opened an office door and intruded into the office in a state where the remaining type of flaps lacks the ability to discern things or make decisions; and (b) cut off one of the keyss of the Flast-si owned by the victim and kept in the U.S. on his book.

2. The Defendant, at the time and time set forth in the above paragraph 1 above, committed a theft by driving the Frocketing taxi equivalent to KRW 15 million at the market price owned by the victim, which was parked therein, under the status of the victim’s ability to discern things or make decisions due to the remaining type of illness, using the stolen key.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the written statements of D;

1. Application of Acts and subordinate statutes stated in an investigation report (ex officio or during sunset);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The fact of larceny of intrusion into night buildings in its holding: Article 330 of the Criminal Act;

(b) The point of larceny: Article 329 of the Criminal Act;

1. Article 10 (2) and (1) of the Criminal Act, which is statutory mitigation;

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

1. Class 1 (Determination of Punishment) of the thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

2. Class 2 (General thief)(Special thief)(Special thief)(Special thief)(Special thief)(Special thief)(Special thief)(Special thief)(Special thief)(Non-liability of Person in question)(Determination of Recommendation Area))

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