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(영문) 대전지방법원 2014.12.23 2014고단3575
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four 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 30, 2014, at around 05:00, the Defendant opened a window that was not corrected in the house of the victim D, Seo-gu, Daejeon, Seo-gu, Daejeon, Seo-gu, 105, and cut off, with one wall with cash 20,000 won, identification card, credit card card, boiler photograph, etc. (200,000 won per market price) located on the book.

2. On October 3, 2014, at around 02:40, the Defendant: (a) cut off the boom of the crime prevention window, removed its windows, and intruded the victim’s possession by divers, which was prepared in advance at the victim E’s house; and (b) cut off the windows; and (c) invaded by the divers; (d) one, smelling one, and one, the body 100,000 won in total, which was owned by the victim; and (d) cut off.

3. On October 7, 2014, at around 03:00, the Defendant: (a) Raber, he was prepared in advance at the home of the Victim F, No. 104; (b) removed the window, removed the window, and intruded into the crepit; (c) then, the Defendant committed theft with a total market value of KRW 1.5 million at the Not North Korea; (d) one game machine; and (e) one male half of 18K, which was located there.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the EDCF;

1. Application of Acts and subordinate statutes concerning police seizure records and seizure lists;

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;

1. Reasons for sentencing under Article 48(1) of the Confiscation Criminal Act (Scope of recommending punishment) / [Scope of recommending punishment] thief crime group, theft (type 4), basic area of general property, imprisonment with prison labor for one year to two years (applicable to guidelines for handling multiple crimes] 1 year and four months (decision of sentencing] 4 months in imprisonment with prison labor for 1 year to four months (decision of sentencing), suspended execution 2 year planned crimes, intrusion upon a window at night using tools after destroying and damaging the window at night, and taking into account the following factors: violation of law in the form of punishment, damage recovery, punishment exemption, serious reflects, the defendant's age;

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