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(영문) 대구지방법원 2015.02.12 2014고단5973
야간건조물침입절도
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

1. On September 29, 2014, at around 20:31, the Defendant: (a) intruded into the front of a five-story female waiting room at the hospital C Hospital C in Daegu-gu, Daegu-gu, by the entrance opened in front of the five-story female waiting room; and (b) stolen the victim’s cash 6.50,000 won in the market price, using a f.50,000 won in cash owned by the victim D.

2. On October 10, 2014, at around 05:53, the Defendant: (a) intruded into a female waiting room in the same manner as at the same place as at paragraph (1); and (b) stolen the victim E’s market value of the victim E, which was located there, with one Samsung mobile phone, one cash of KRW 190,000, and one resident registration certificate, and one red bank of the market value equivalent to KRW 20,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Seizure records;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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 extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant’s mistake is divided in depth; (b) the degree of damage is not severe; (c) the Defendant’s age, character and conduct, intelligence and environment; (d) the victims; (b) relationship with the victims; (c) motive, means and consequence of the crime; and (d) various reasons for sentencing indicated in the pleadings, such as the circumstances after the crime, etc., are taken into account: each thief crime within the sentencing criteria; (d) theft against general property; (e) theft; (e) intrusion upon general property; (g) thief; (g) August - January 1; and (v) February 2.

It is so decided as per Disposition.

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