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(영문) 창원지방법원 통영지원 2014.05.23 2014고단231
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. An intrusion upon residence;

A. On March 21, 2014, the Defendant: (a) around 15:15, through the gate and the entrance door, which had not been divingd by the victim D’s idea, went into the house and intruded on the residence of the victim.

B. At around 15:20 on the same day, the Defendant entered the victim E’s house in through the gate, which was not locked by the victim E, and invaded on the victim’s residence.

C. At around 15:30 on the same day, the Defendant entered the victim F’s house in Tong Young-si, through a gate, which was not divingd by his idea of theft, and invaded upon the victim’s residence. D.

At around 15:35 on the same day, the Defendant entered the house through the gate and the entrance door, which had not been divingd with the idea of theft of property, and intruded into the residence of the victim.

2. The Defendant: (a) entered at the time and place specified in paragraph (d) of Article 1 in a small room; (b) removed KRW 4,000 in cash owned by the Victim G, which was located above the shock field; and (c) entered an inner bank again in a place where he left the inner bank, leaving KRW 50,000 in cash owned by the Victim who was located in a female fluor female fluoring fluor.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the respective Acts and subordinate statutes of E, F and G;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a 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 ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The sentencing guidelines of Article 62-2 of the Criminal Act for probation and community service order are followed.

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