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(영문) 대구지방법원 김천지원 2013.11.06 2013고단1108
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 July 5, 2013, at night, the Defendant: (a) opened an entrance that was found in the house of the victim C, which was known to the third floor of the building B in the Gu-si, Si-si; and (b) intruded into the inner house; and (c) took money equivalent to the total amount of KRW 163,80,000 in cash owned by the victim, including KRW 23,380 in cash, and KRW 50,000 in the market price, and KRW 20,000 in total, KRW 30,000 in the market price, and KRW 20,000 in each cell phone; and (d) took stolen property equivalent to KRW 163,380 in the market price.

2. At around 01:20 on July 6, 2013, the Defendant: (a) opened a door that was parked in the road front of the Gu-U.S. house; (b) did not correct the vehicle of F-U.S.-E owned by the victim E; and (c) stolen KRW 2,300,000, which is the victim’s possession, from the margin of the vehicle inside the vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Records of seizure and the list of seizure;

1. Application of each investigation report (referring to the application of Acts and subordinate statutes to attach photographs of seized articles and specific market prices of damaged articles);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., that damaged articles have been temporarily returned, that victims have agreed with each other

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