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(영문) 창원지방법원 2018.11.28 2018고단2619
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. On June 1, 2017, the Defendant infringed upon the residence of the victims nine times in total, from the time to May 17, 2018, including: (a) the Defendant went into the house of the victims C, which was located in Gosung-gun B, Gosung-gun; (b) the Defendant came into the house of the victims via an open gate with an open gate; (c) the Defendant went into the front door and opened the gate to the small room; and (d) infringed upon the victim’s residence by not later than May 17, 2018.

2. At the time and place specified in paragraph 1, the Defendant stolen the victims’ property at least seven times in total, as shown in Appendix II, from around May 4, 2018, the Defendant intruded into the small room of the victim C, such as as described in paragraph 1, and placed on the part of the victim C, held 10,000 KRW 15,00 as the victim’s ownership, and stolen it.

3. A thief: (a) around May 17, 2018, the Defendant committed a theft to the E-house of a victim of a fluorous disaster D (hereinafter referred to as the “Ssaute”). Around 09:30 on May 17, 2018, the Defendant infringed on the victim’s inside, as described in paragraph (8) of the attached Table I of Crimes List I, and did not bring about a thief to the victim’s inner part in order to steal the property, but did not discover the property.

Accordingly, the defendant attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations on police statements made to F, G, H, C, I, E, J, K, and L;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively, for the crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing of Article 62-2(1) of the Criminal Code of the Social Service Order is that the defendant is in depth and reflects his mistake, and that the defendant is most victims.

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