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(영문) 대전지방법원 논산지원 2013.10.15 2013고단225
절도등
Text

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

Reasons

Punishment of the crime

[Criminal Power] On July 25, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Daejeon District Court’s Support for Masan, and completed the execution of the sentence on May 10, 2012.

【Criminal Facts】

1. On January 1, 2013, the Defendant: (a) around 12:30, on the first and second day of 2013, around 12:30, at the victim D located in Seosan-si, Seosan-si; (b) entered the interior, and 1.20,000 won in cash located in the bank and kept in the inside, and stolen the said bank.

2. On January 2013, 2013, at around 12:30, the Defendant entered the victim F’s residence in Seosan-si, Ma, with the entrance that was not corrected, and black the property as a scheme.

In order to feel the human body of the victim in the indoor area, the victim did not go out of the house and did not go out of the house, but failed to do so.

3. On January 1, 2013, the Defendant: (a) around 13:00 on the lower day and around 13:00, at the victim H located in Seosan-si G, the Defendant opened the interior through the gate that was not corrected; and (b) laid down the swine hump containing a face of KRW 100,000,000, which was in the inner bump and stolen.

4. On February 16, 2013, the Defendant: (a) opened the entrance door and opened the door door in the victimJ, and was found to be the victim in the room; and (b) did not commit an attempted crime, even if he was found to have been frighted.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer against J;

1. Each description of the police statements of D, F, and H;

1. Images of photographs;

1. Criminal records as stated in the judgment: Application of each Act and subordinate statute to refer to inquiries about criminal records, etc., copies of written judgments (investigative records, No. 117-126 pages), and the number of individuals and the status of accommodation

1. Relevant Articles 329 and 329 of the Criminal Act concerning criminal facts and the choice of punishment, respectively, Articles 342 and 329 of the Criminal Act (the point of attempted larceny and the choice of imprisonment);

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

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

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