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(영문) 대구지방법원 2016.07.21 2016고단2533
야간건조물침입절도등
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

Punishment of the crime

1. From February 1, 2015, the Defendant: (a) at night, 02:30 on February 2, 2015, the Defendant stolen KRW 1,219,000 in total, from that time, cash 51 times in total, including 80,00 won in cash owned by the victim, who intruded into the victim D located in Busan Metropolitan City, and was in an influence, and was in an influence, and then stolen, from June 5, 2016, the Defendant stolen the victim’s cash 80,000 won.

2. On March 2015, the Defendant: (a) intruded into a structure and stolen building; (b) went into a “H” managed by the victim G located in the F in Busan Metropolitan City at around 15:00 on the date; (c) opened a fire that had not been corrected in front of the fire; and (d) removed 30,000 won in cash owned by the victim;

In addition, from June 8, 201 to June 14:00, the sum of 79,000 won in cash was stolen 17 times in total, as shown in [Attachment] List of Offenses (2) from that time, from that time, from that time, it was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement on I, J, K, L, M, N, P, Q, R, T, U, V, D, W, X, G, andY;

1. Each written statement of Q, Z, AA, AB, and AC;

1. Police seizure records and list of seizure;

1. Other closure photographs and photographs of each image;

1. An output of sunset hours;

1. Application of Acts and subordinate statutes to replys as a result of confirmation of identity and fingerprinting at crime scene;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the occupation of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), Article 329 of the Criminal Act (the choice of imprisonment with prison labor), Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment with prison labor);

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Circumstances unfavorable to the reasons for sentencing under Article 48(1)1 of the Criminal Act: The defendant continued to intrude into the house and has stolen the cash that was taken place.

The damage was not recovered properly.

A favorable normal situation: The defendant is in depth and is also his family.

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