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(영문) 대구지방법원 2013.11.28 2013고단3650 (1)
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2013 Highest 3650"

1. On April 5, 2013, the Defendant entered an empty house managed by the victim D in Daegu-gu Dong-gu, Daegu-gu, on April 5, 2013, and loaded 7 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife equivalent to 100,000 won at the market price of the victim owned by the Defendant.

2. On April 6, 2013, the Defendant: (a) entered a place specified in paragraph (1) at around 06:00 and loaded on a hand check, which was prepared in advance, eight new windows in an amount equivalent to KRW 50,000 in the market value and KRW 400,000 in the market value; (b)

3. Around 06:00 on April 7, 2013, the Defendant entered the place specified in paragraph (1) and brought up one steel gate in the market price of 200,000 won and one oil gate in the amount equivalent to 50,000 won in advance.

Accordingly, the defendant stolen the victim's property.

Around 08:06 on October 20, 2013, the Defendant: (a) moved within F in Daegu Dong-gu, Daegu-gu, Daegu-gu, about KRW 2 million in the market price of the victim G owned in that area; (b) was stolen by the Defendant, leading up to the spherd.

Summary of Evidence

"2013 Highest 3650"

1. Defendant's legal statement;

1. A suspect interrogation protocol of H by the prosecution;

1. Statement made to D by the police;

1. "Report on internal investigation (the attachment of photographs, such as damaged articles and books of purchase of historical materials)" (2013rd class 6053);

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to a investigation report (such as the closure of CCTV images during the scambling);

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. From among concurrent crimes, the Defendant was punished several times for the same crime (six times for a fine, two times for suspended execution, and one time for a suspended sentence) under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, and in particular, on February 22, 2013, the Daegu District Court sentenced the Defendant to a suspended sentence for four months for an attempted larceny and is under suspended sentence.

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