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(영문) 대구지방법원 2018.04.19 2018고단892
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

A seized wall (verification No. 3) on an emergency warning line (verification 3) shall be confiscated.

Reasons

Punishment of the crime

1. At night, on July 13, 2017, the Defendant: (a) entered the victim D’s house located in Daegu-gu Dong-gu, Daegu-gu, and the second residential floor; (b) opened a locked window and 1 million won in cash owned by the victim who was in a locking bank after intrusion; and (c) stolen property worth KRW 7,779,800 in total, on 11 occasions from around that time to February 17, 2018, including the following:

2. On February 17, 2018, the Defendant attempted to larceny at night, and entered the victim F’s house located in the second floor of the Daegu Dong-gu, Daegu-gu E House No. 2, and then taken the window of the toilet, cut off the window of the toilet, and intruded into the house, and then did not commit an attempted crime by escape with the victim who was inside the inside while duplicating the stolen objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, D, H, I, J, K, L, M, N,O, and P;

1. Investigation report (to hear statements from the Council of Victims and to the amount of damage);

1. Investigation report (with respect to the details and time of confirmation of the crime, and the specification of the method of crime);

1. An investigation report (as to confirmation between sunset)

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant provisions of the Criminal Act concerning criminal facts (the points of larceny at night) Article 330 of the same Act, Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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. Reasons for sentencing under Article 48(1) of the Criminal Act - Reasons for sentencing unfavorable: The fact that the defendant can have the same record of crime, the fact that the damage has not been completely recovered - favorable circumstances: the defendant acknowledges and reflects the crime; the fact that some of the victims do not want to punish the defendant; and that some of the victims have returned to the victims - Other reasons for sentencing indicated in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime; and circumstances after the crime.

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