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(영문) 대전지방법원 2015.08.18 2015고단2046

야간주거침입절도등

Text

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

Reasons

Punishment of the crime

On May 11, 2014, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Toxic Chemicals Control Act at the Daejeon District Court on August 11, 2014, and the judgment becomes final and conclusive on February 13, 2015, and is currently under suspended sentence.

1. At night, around 02:00 on June 9, 2015, the criminal suspect of theft of a structure at night: (a) opened a tent door and intrudes into it; (b) cut off the victim’s property worth KRW 78,000,000, total market price owned by the victim by the victim, which was he/she stored in the relevant place, by intrudeing the victim’s garments over three times in total, as shown in attached Table 1, from around that time to June 13, 2015.

2. Around June 2, 2015, the Defendant, at the 201-dong, Seo-gu, Seo-gu, Daejeon, 201: (a) injected in a manner of cutting off one copy of the carbon gas, which is a hallucinogenic substance, and cutting off the entrance of gas through the joints and joints of the air, and continuing to dembling into the steel tunnel of the south line of H in Daejeon Daejeon on the same day, moving to the steel tunnel of H in Seo-gu, Seo-gu, Daejeon by the said method; (b) dembling eight but from around that time to June 13, 2015, 114 in total, as shown in attached Table 2 of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. Written statements of D;

1. On-site photographs;

1. Seizure records;

1. Previous convictions in judgment: the application of criminal records and investigation reports (the same kind of previous convictions and confirmations);

1. Article 330 of the Criminal Act, Article 59 subparagraph 6 of the Chemicals Control Act, and Article 22 (1) of the same Act concerning the facts constituting an offense;

1. Of concurrent crimes, among those, the facts that are crimes during the same period of probation for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, the damages of the thief are not recovered, and there are records of the same kind of crime.