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(영문) 대구지방법원 2016.04.19 2015고단5235
절도등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On June 9, 2015, the Defendant was sentenced to six months of imprisonment with prison labor due to larceny, etc. in the Daegu District Court’s support on June 9, 2015 and completed the execution of the sentence in the Daegu Detention House on October 22, 2015.

1. Larceny;

A. From October 24, 2015 to around 16:00 to around 08:00 of the same month, the Defendant: (a) opened the freight partitions of the E-Loading-gu, Daegu-gu, Dong-gu, 26:00 of the victim’s vehicle; and (b) used one string of the organic agricultural food of the amount of KRW 5,000,000,000 for women’s vegetable vegetable 10kg 1 string, and 100,000,000 for women’s vegetable vegetable vegetable.

B. From October 25, 2015 to around 13:00 on October 25, 2015, the Defendant stolen a bicycle equal to KRW 50,000 at the market price, which was owned by the victim, who was set up in Daegu Dong-gu G, and was in front of the victim’s house located in Daegu Dong-gu G from around 14:00 on the same day.

2. Intrusion upon residence;

A. On October 24, 2015, at around 20:30, the Defendant: (a) opened an entrance with the intent to steals the property, opened the entrance; (b) opened the entrance; (c) opened the door from 401, where the victim H is living through the stairs; and (d) intruded the residence of the victim and the occupants of Dara, such as the leakage of the electronic key in the text of 401.

B. On October 25, 2015, around 11:00, the Defendant: (a) placed up up to the 5th rooftop stairs of the 5th floor of the foregoing D lending in the foregoing manner; and (b) intruded the residence of the said victim H and Dora occupant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, F, and H;

1. Each investigation report and accompanying documents (No. 3, 8, 9, 11 through 15, 23, 24 No. 14 of the evidence list);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification of whether a suspect is a repeated offender);

1. Article 329 of the Criminal Act (Aggravated point) and Article 319 (1) of the Criminal Act (a point of intrusion upon residence) concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.

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