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(영문) 의정부지방법원 2015.11.27 2015고단3693
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2015, at around 15:35, the Defendant discovered the key of the entrance kept in the new gate at the time when the victim D was located in Guri-si, Guri-si, and opened and intrudes into the entrance door by taking it out. The Defendant used cash and gold 700,000 won owned by the victim.

The Defendant, including that, from June 30, 2014 to the above temporary date, infringed upon the victims’ residence at a total of six times in the same manner as the attached list of crimes, and stolen money and valuables worth KRW 8,180,000.

Accordingly, the defendant invadedd the victims' residence and stolen the victims' articles.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning E, F, and G;

1. Statement made to D by the police;

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

1. Each protocol of seizure, the list of seizure and each photograph of seized articles;

1. A copy of the M purchase account book, and a photo at each site;

1. Application of each investigation report (CCTV verification investigation, reasons for selection of suspects, and CCTV tracking in direction due to escape);

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act: The circumstances that are favorable to the theft of money and valuables by intrusion upon another person’s residence through several times are against his/her wrong recognition, the fact that there is no criminal history, the fact that part of the damaged goods was temporarily returned, the fact that some of the victims did not want the punishment of the defendant, the defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc.

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