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(영문) 대구지방법원 2016.05.03 2015고단6420

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From June 2015 to September 2015, the Defendant worked as an employee at the D cafeteria operated by the victim C in the Gyeongsan-si B of Gyeonggi-do.

1. On October 17, 2015, the Defendant committed the crime at around 22:20 on October 17, 2015, and was aware of the fact that the Defendant kept the entrance keys to the container at the entrance of the restaurant, and that the Defendant was aware of the key to the entrance of the container at the entrance of the restaurant, thereby opening the entrance of the said restaurant and entering the entrance, and 2.60,000 won in cash, which is the victim’s possession, into the said container at the seat of the container at the seat of the container at the seat of the container and the box.

2. On November 20, 2015, the Defendant: (a) opened a restaurant entrance at around 22:30 on November 20, 2015 at the same place as above in the foregoing manner as set out in paragraph (1) of the said Article; and (b) committed theft with cash of KRW 140,000,000, which was owned by the victim and was located in the depository.

Accordingly, the defendant stolen the property by intrusion upon the victim's residence at night over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in C;

1. Application of Acts and subordinate statutes, such as a report on investigation (verification of nearby CCTVs in the field), and photographs, such as a camera camera image of spirits blocking;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment in accordance with the sentencing guidelines - The scope of the punishment [the scope of the recommended punishment] - The scope of the punishment (the scope of the punishment ] the crimes of Class 4 in the area of special mitigation (the special mitigation) [the life of April to one year] - the crimes of Class 4 in the area of special mitigation [the scope of the punishment ] - the crimes of Class 2 in the area of special mitigation (the scope of the recommended punishment ] / the crimes of Class 4 in the area of special mitigation (the scope of the punishment ] / [the special mitigation - one year to six months] / the crimes of living type, the final punishment pursuant to the aggravated majority in the area other than the indoor residential space (the types) : April to February 2:

2. In this case, the defendant who was sentenced to punishment is not able to overcome the suspicion of crime due to the economic poor circumstances.