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(영문) 대구지방법원 서부지원 2018.11.21 2018고단762

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

[criminal history] On August 25, 2016, the Defendant was sentenced to imprisonment with prison labor for night building intrusion, larceny, etc. at the Seo-gu District Court Branch of the Daegu District Court, and completed the execution of the sentence on October 1, 2017 at the Ansan Prison.

On February 28, 2018, 2018, the Defendant: (a) went to the “J” adjacent to the “J” operation of the victim I located in the Seogu Daegu-gu, Daegu-gu, Daegu-gu; (b) intruded into the said childcare center’s room through the windows of the Jinjin-gu, and stolen the amount of KRW 11,000,000 in the market price, which was kept at the same time, and the amount of KRW 7,00 in cash located in the market price.

"2018 Highest 1737"

1. On May 21, 2018, around 22:20 on May 21, 2018, the Defendant: (a) opened a tent to block access from others; (b) intruded into the said gate; and (c) stolen the cash amounting to KRW 500,000 in cash stored in the wooden box.

2. On May 21, 2018, at around 22:24, the Defendant: (a) opened a tent to block access from others; (b) intruded into the said tent; and (c) cut off the cash amounting to KRW 15,000, which was kept in the scam of the scambling column installed therein; and (d) cut off the 15,000,000, in front of the trade name of “P” in the operation of the Victim’s O located in Daegu Northern-gu N., Daegu.

Summary of Evidence

"2018 Highest 762"

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. On-site reports, on-site photographs, and CCTV photographs 1737, 201;

1. Statement by the defendant in court;

1. Each statement of L/O;

1. Application of CCTV photographs, theft photographs [before judgment] 1, references to inquiries, such as criminal history, investigation reports (examination of such paper records), and Acts and subordinate statutes (written evidence records, 762 high-end 2018 high-ranking records);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant was punished for the same offense and released from the military court for the reason of sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.