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(영문) 대구지방법원 2014.12.12 2014고단4529
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight 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

"2014 Highest 4529"

1. On August 31, 2014, around 16:37, the Defendant found the victim E in Daegu Dong-gu C, 101 Dong-gu, 103 (Dinst) and the victim F’s house, and found that the main window was opened, and the gas pipe was emitted therefrom, and infringed on the victim’s residence.

2. The Defendant: (a) intruded the victims’ house at the date, time, and place described in paragraph (1); (b) opened a credit cooperative in front of the victims’ house; (c) took 30,000 won in cash owned by the victims E; (d) taken 30,000 won in cash from the wall of the victim F in front of the credit cooperative; and (e) carried 40,000 won in cash on the part of the victim F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a investigative report (Attachment toCCTV data), CCTV-cap photographs, investigative reports (verification of CCTVs for a suspect moving route), CCTV-cap photographs, field identification records, field file reports, on-site files, investigation reports (Attachment to seized objects), and investigation reports (verification of market price of damaged objects locks);

1. Relevant Articles 319(1) (a) and 329 (a) of the Criminal Act, Article 329 of the Criminal Act, and choice of imprisonment with prison labor for 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act does not have been punished by the defendant, but there is only the fact that the defendant has been subject to juvenile protective disposition several times to commit the same kind of crime, or the fact that the defendant led to the confession of the crime and reflects his mistake, the fact that the defendant appears to be an contingent crime to fall short of money, a part of the amount of damage has been returned to the victim, the mother of the defendant is the visually disabled, and the defendant's livelihood

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