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(영문) 대구지방법원 2013.12.05 2013고단6232
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daegu District Court on November 1, 2012, and completed the execution of the sentence at the Daegu Detention House on January 5, 2013.

1. At around 11:00 on July 27, 2013, the Defendant: (a) intruded the Victim D’s house in Daegu-gu Dong-gu, Daegu-dong-gu; (b) entered the said house to the extent of the storm; and (c) 50,000 won in cash owned by the victim who was on the part of the west head; (d) 150,000 won in cash owned by the victim who was on the part of the legal party; and (e) 18K in market price, the victim’s market price on the west head, which was on the part of the west head, was the victim.

2. On August 12, 2013, the Defendant attempted to larceny, damaged the entrance door glass of the victim F, which was in the vicinity of the Daegu Dong-gu, Daegu Dong-gu, and then destroyed the entrance glass of the victim F, thereby impairing the entrance door glass of the victim F, and then intrudes the entrance door into the victim F’s house by using the shoulder door glass, and then intrudes the entrance door into the victim F’s house, and does not discover the stolen object, but did not discover the stolen object.

Accordingly, the defendant, by destroying the victim F's property, intruded a residence, and attempted to steals property, but did not commit an attempted crime.

3. On August 201, 2013, the Defendant: (a) committed theft and theft of the market price of the victim H located in Daegu Dong-gu G, Daegu-gu, which was the victim’s market value on the new party’s back, by taking two parts of tobacco owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Efluoring a black fluor photo;

1. Investigation report (to hear statements from the victim H and report);

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes as a result of the screening of prisoners;

1. Articles 342, 329, 366, and 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act exists during the period of repeated crimes in the judgment of the defendant.

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