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(영문) 인천지방법원 2014.10.22 2014고단5595
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On May 16, 2014, around 14:30 on May 16, 2014, the Defendant: (a) discovered the key of the entrance door inside the glass bag, which is suffering from the front of the entrance door, in the house of the victim D, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and caused him to discover the key of the entrance door in front of the entrance door; and (b) discovered the key of the entrance door.

The defendant, who opened a entrance door as a key and entered into the house, intrudes into the way to see cash, and then escaped and attempted to flee to the victim.

2. On July 16, 2014, around 16:00, the Defendant: (a) discovered a 3,000-year bicycle bicycle riding, which was in possession of the victim F, who was in possession of a corridor at the Bupyeong-gu Incheon Bupyeong-gu E-gu, Bupyeong-gu, Incheon; (b) cut the correction device to the cutting machine that was in possession of the victim’s 500,000 won; and (c) cut the bicycle.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Inquiry into the scene of the crime, the results of appraisal, and the report on the investigation;

1. Application of the Acts and subordinate statutes on site photographs and CCTV photographs;

1. Relevant legal provisions concerning criminal facts: Article 329 of the Criminal Act; Articles 342 and 329 of the Criminal Act; Article 319 (1) of the Criminal Act; Articles 319 (1) of the Criminal Act; the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant with the reason for sentencing under Article 62(1) of the suspended sentence does not have any record of any other crime committed once by a fine, and agreed with the victim of larceny. However, in light of the circumstances leading to the instant crime, risk, and circumstances after the commission of the crime, etc., the defendant is selected to be sentenced to imprisonment and suspended its execution.

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