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(영문) 서울남부지방법원 2014.07.02 2014고단1806
절도등
Text

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

However, 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 is a person who is engaged in supporting business to install air-conditions.

1. On February 15, 2014, around 07:57, the Defendant: (a) discovered three air conditioners with a total of KRW 1,750,00,00 in the market price at which the victim D was in custody upon request from his/her customers for repair; (b) confirmed that there was no victim, opening the above repair shop; and (c) took three air conditioners into the above air conditioners on the tap vehicle (E) owned by the Defendant who parked in the nearby area; and (d) attempted to steal the said three air conditioners from January 1, 2013 to February 16, 2014 in the attached list of crimes; (b) attempted to steal the said air conditioners over a total of 1,340,00 won throughout the 12-round total market price; and (c) attempted to steal the air condition from the first half to the first half of February 17, 2014 to the first half of the air condition.

2. On November 24, 2013, around 09:27, the Defendant intruded into the victim G’s home house fence of the victim G located in Ansan-si, from that time to January 2014, the Defendant invadedd the victim’s residence five times in total, such as the list Nos. 4 through 8, from that time until January 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol of H and I;

1. Police statement of D, J, K, L, and M;

1. Each statement of N, G,O, A, and P;

1. Application of Acts and subordinate statutes of the investigative report (Evidence 16);

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 329 and 319 (1) of the Criminal Act concerning the selection of punishment (the point of larceny), and Article 319 (1) of the Criminal Act concerning the selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Theft (type of crime).

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