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(영문) 대구지방법원 2016.03.11 2015고단2673
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny;

A. On December 2, 2014, the Defendant taken out one bag containing KRW 1,800,000 in cash owned by the victim’s household located in Daegu-gu COOOO, Daegu-gu around 19:30 on December 12, 201, using the victim’s home at work and without the victim’s home to work.

They brought to Korea.

B. On February 2015, the Defendant brought two bags containing KRW 2,80,000,00 in cash owned by the victim that was left in the front line of the receipt site in the manner described in paragraph (1) at the places described in paragraph (1) in the middle line.

Accordingly, the Defendant stolen three bags containing a total of 4,600,000 won owned by the victim over twice.

2. On March 5, 2015, around 21:42 around 21:42, the Defendant: (a) obtained a password of the entrance known in advance; (b) intruded into the victim’s house without the said victim’s consent; and (c) stolen the Defendant with one envelope containing KRW 800,000 in cash owned by the victim on the front line of the receipt book.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes on the closure of CCTV images (Attachment to the closure of CCTV images) and the closure photographs;

1. Relevant Articles 329 of the Criminal Act (a thief and choice of imprisonment), and 330 of the Criminal Act (a thief who intrudes upon residence at night) concerning criminal facts;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) Night time larceny (the scope of punishment recommended), theft [the scope of punishment] committed against general property, the mitigation area (eight months to one year and six months from one year and six months] (the punishment of a person who has been specially mitigated);

(b) Each category of larceny [the range of punishment for each recommendation] the mitigated area (4 months to 10 months) for the larceny of general property; and

(c) The scope of final sentence due to the aggravation of multiple offenses: 8 months to 2 months and 10 months;

2. The fact that any error in the decision of sentence is divided; and

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