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(영문) 대전지방법원 홍성지원 2017.04.28 2016고단967
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 09:00 to around 12:00 on July 2016, the Defendant: (a) invaded upon the victim D’s house in Boan-si; and (b) discovered and stolen a panty 1 set at the victim’s market price of 50,000 won, which is the victim’s own interest for a long time, from around 09:0 to around 12:00; and (c) stolen and stolen the panty 1 set at around that time, as described in attached Table 1, 3, and 4, up to three times in total.

2. From the end of July 2016 to the end of 14:00 to the end of 14:00, the Defendant: (a) stolen, with a 100,000 won in the market value, the victim F’s studs of the victim F, who is the victim’s studs of the building as soon as possible at the studs of the building; (b) one panty 10,000 won in the market value; and (c) one strawing in an amount of 5,000 won in the market value, which is equivalent to 10,000 won in women’s straws of the building; and (d) was stolen from around that time to October 6, 2016, three times in total, as indicated in attached Table 2, 5, and 7.

3. On October 4, 2016, the Defendant, who attempted to larceny and intrusion upon residence, intruded into the victim H’s house located in Boan-si G on October 11, 2016, and attempted to steal the clothes owned by the victim’s string of the second floor promptly, and attempted to do so to other residents.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, F, J, K, H and D;

1. Application of the police seizure protocol statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 329 (Aggravated Point), 319 (1) (a point of intrusion upon residence) of the Criminal Act, Articles 342 and 329 (a point of attempted larceny) of the Criminal Act, and the choice of imprisonment with prison labor;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing guidelines [the scope of the recommended punishment] The area of special mitigation (the imprisonment for four months to one year) (the imprisonment for one year and six months) shall be excluded from indoor dwelling space.

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