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(영문) 대구지방법원 2013.07.25 2013고단3116
절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On March 19, 2013, the Defendant infringed on a structure: (a) around 16:20 on March 19, 2013, at the E main points operated by the victim D in Daegu Suwon-gu, the Defendant opened a corrected entrance by using the front door heat of the said main points, where the employees of the said main points are left to the F convenience store in the vicinity, and intruded on the said building.

2. The Defendant who intrudes on April 5, 2013;

4.5. At around 14:36, the E-State store came to exceed the above E-State store, and thereafter open the unrecepted back door and intruded into it.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 319 (1) of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the same Act concerning the selection of punishment;

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

1. The portion not guilty under Article 62 (1) of the Criminal Act (including the fact that the defendant repents and reflects the wrong and the fact that there is no past record of criminal punishment exceeding the fine);

1. Of the facts charged in the instant case, the summary of each larceny out of the facts charged is as follows: “The Defendant: (a) entered the Eju shop operated by the victim D in Daegu Suwon-gu, on March 19, 2013; (b) and (c) 2 gambling room (a total of KRW 300,000,000, the market price of the victim’s possession, which was kept in the air conditioners of the said Jeju-gu; (c) and (d) on April 14:36, 2013, the Defendant stolen it with two boxes (a total of KRW 12,00,000, the victim’s ownership; and (d) on April 14:36, 2013, the Defendant: (a) opened a back door that was not corrected after going beyond the lower fence of the said main building; and (d) opened it within the said c,210,000 won for the total market price of the victim’s D, which was kept in the air conditioners and air condition.”

2. The witness D’s legal statement, D’s written statement, police statement about D’s written statement, as evidence that seems to correspond to the above facts charged, is used as evidence.

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