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(영문) 대구지방법원 2014.06.12 2014고단1411

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 3, 2014, the Defendant: (a) around 21:00, at 161 YY-ro, Taegu, Daegu-ro, 161 YY-ro; (b) at the 2nd floor of the Daegu-ro department store, by means of the gaps in the surveillance of security personnel, intrudes from the floor to the above store, and intrudes into the access control tent installed at the above store; and (c) placed in the display stand of the victim C’s market price of 198,000 won at the above victim’s market price of 99,000 won; and (d) cut off the victim’s old Spanish wind door with one set of 54,000 won at the market price owned by the victim and one set of 54,000 won at the victim’s D market price, as it is,.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and F;

1. Application of Acts and subordinate statutes to each investigation report (related to photographs of each seized article, relation to crimes, CCTV images in the course of crimes);

1. The reason for sentencing under Article 330 of the Criminal Code of the relevant criminal facts [Scope of Recommendation] The mitigated area (8 months to 1 year and 6 months) of category 4 (Special Mitigation) for general property (special mitigation) [Article 4] where the defendant intrudes into a place other than an indoor residential space (the decision of sentencing] [the defendant] having been sentenced three times of fine for the same kind of crime within the last one year, again committed the instant crime despite the fact that he/she had been sentenced three times of fine, and it is necessary to make a strict punishment because he/she has been under the influence of alcohol in his/her old life.

However, in consideration of the fact that the defendant has no history of punishment exceeding fines for the same kind of crime, the value of the stolen damaged goods by the defendant is not so significant, and the damaged goods are fully recovered, the decision is made by selecting a sentence lower than the lower limit of the recommended punishment and the decision is delivered as the order.

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