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(영문) 대구지방법원 2020.12.16 2020고단4766

절도등

Text

A defendant shall be punished by imprisonment for one year.

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

1. Crimes committed on July 27, 2020;

A. On July 27, 2020, around 08:20, the Defendant entered the six-story rooftop, the Defendant, the Defendant’s residence located in Junggu-gu, Daegu-gu, Daegu-gu, opened a window that is not locked in the same EtelF of the victim, and opened the window with the window that is located in the adjoining building in order to steals the clothes of the victim D (hereinafter referred to as 30 years old).

B. The Defendant, at the time and place specified in the above “A.”, brought about one and two panty panty panty as the market price owned by the victim, which was kept in the ecele at the time and place.

Accordingly, the defendant stolen another's property.

2. On August 1, 2020, the Defendant committed the crime on August 1, 2020: (a) entered the victim’s residence in the same manner as described in paragraph (1)(A) in order to satisfy sexual desire when on the rooftop of the Defendant’s residence as stated in paragraph (1)(A) around 20:00; and (b) entered the victim’s residence in order to satisfy sexual desire.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each photograph: The application of each Act and subordinate statute to “CCTV images cutting”, “suspect’s tyrts”, and “influence route, etc.”

1. Relevant legal provisions concerning facts constituting an offense, Articles 329 and 342 of the Criminal Act that choose a penalty, and Articles 342 of the Criminal Act, and choice of imprisonment with prison labor;

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the probation, order to attend lectures or order to provide community service;

1. Scope of punishment by law: One to six years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) / [Determination of thief] thief for general property [Type 4] No person who has violated [the scope of recommendation and recommendation] / [the scope of recommendation field and recommendation] basic area, 1 to 2 years and six months [the general person] mitigation element: serious reflectiveness, and no record of criminal punishment;

(b) Second crime (unestablished crime);

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for at least one year;