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(영문) 의정부지방법원 고양지원 2019.03.06 2018고단3327
절도등
Text

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

except that 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

The Defendant, as an employee of the rental car company operated by the victim B, opened to the residence of the victim in the Yongsan-gu, Busan Metropolitan City C building, and the entrance correction device to know the password of the entrance correction device, was used as an opportunity to inflict upon the victim’s residence, in order to steal the property by intrusion upon the victim’s residence.

1. On November 3, 2018, at around 15:00 on November 3, 2018, the Defendant came to have a cre in the above victim’s residence, which had been aware of the above cre in a cre in a crepan, and has a cre in a cre in a cre in a cre in a cre in a cre in a cre in a cre in a cre in a cre in a cre in a way, one gold-

2. On November 13, 2018, the Defendant intruded into the same place in the same manner as at around 14:00 and carried out one clock for male use with a market value of at least 5 million won owned by the victim, and one chip for female use.

Accordingly, the defendant infringed on the victim's residence more than twice and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. B written statements;

1. On-site photographs and photographs of seizure;

1. Application of police seizure records and list statutes;

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

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

1. For the reasons for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, the second crime that has no basic area (one to two years and six months) (the scope of recommending punishment) of types 4 (the basic area (one to two years and six months) for general property [the scope of recommending punishment] of types 4 (the thief) and basic area (one to two years and six months) for general property (one to two years) [the special person] of types 4, and the final sentence scope for multiple aggravated crimes: A person who committed larceny by intrusion into the same place over two times the decision of the sentenced sentence for one to three years (one to nine years and nine months): A total amount of damage is KRW 7 million; a total amount of damage is not agreed with the victim; and five million among damaged articles.

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