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(영문) 대전지방법원 2015.08.27 2015고단1966
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 March 23, 2015, at around 13:26, the Defendant prepared for the victim D’s house located in the second floor of the Dong-gu Daejeon’s detached house C, and had two posts equivalent to KRW 600,000, a half of the amount of KRW 400,000, the market price, and KRW 600,000, a half of the amount of KRW 400,000, the market price.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. Photographs of each seized article;

1. Deposits and photographs of purchased books;

1. Application of Acts and subordinate statutes of the investigative report (No. 16 of the evidence list);

1. Relevant provisions of the Criminal Act and Articles 329 and 319 (1) of the Criminal Act (the occupation of larceny and the choice of imprisonment with prison labor) concerning criminal facts;

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. Taking into account all the conditions of sentencing, including the following factors: (a) one time of the suspension of the execution of the same kind of punishment (194), one time of a fine (198), etc.; (b) efforts to recover damage (1 million won in deposit); and (c) the extent of damage is relatively minor; (d) motive and circumstance leading to the commission of the crime; and (e) the Defendant’s age, happiness environment, etc.

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