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Defendant shall be punished by imprisonment for five months, and the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On May 15, 2014, the defendant was sentenced to imprisonment with prison labor for larceny at the Gwangju District Court and two years of suspended execution for the same year.
5. 23. The judgment became final and conclusive.
1. On January 2015, the Defendant, who entered a residence, entered the victim D’s house located in Youngnam-gun C, Youngnam-gun, and went into the victim’s house through an open cresh, thereby infringing on the victim’s residence.
2. On July 24, 2015, the Defendant: (a) went into a house of the said victim through an open gate; (b) went into a house of the said victim; (c) went into a house of the said victim; and (d) went out about KRW 35,00,00 in total, such as a house, which is owned by the victim and was placed adjacent to the house of the said victim; and (d) went out to take out approximately KRW 35,00,00, such as a house, which is located adjacent to the said house of the said victim.
Accordingly, the defendant stolen the property by intrusion upon the victim's residence.
3. At night, around 02:00 on August 2, 2015, the Defendant: (a) intruded the said victim’s house through an open gate to the kitchen; and (b) took out approximately KRW 30,000,00 in total, such as a caption owned by the victim, which was placed in the said kitchen; and (c) taken out approximately KRW 30,00,00 in total, such as a caption, which is owned by the victim, and was placed adjacent to the kitchen.
Accordingly, the defendant invadedd the victim's residence at night and stolen the property.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the prosecutor and the police accused;
1. Statement of the police about D;
1. The marriage relation certificate and on-site photograph;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Articles 330, 329, and 319 (1) of the Criminal Act applicable to the facts constituting an offense;
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 for the reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution, in the case where there are grounds for special mitigation (4 to 1 year and 6 months) (special mitigation) in the area of special mitigation (4 to 1 year and 6 months) of the Act on the thief for general property, the two crimes, which are not subject to punishment.