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(영문) 대구지방법원 2018.04.13 2018고단374

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized nibs and Gabs (Tgu District Prosecutors' Office No. 362 of 2018) No. 5.

Reasons

Punishment of the crime

On March 30, 2017, the Defendant was sentenced to imprisonment with prison labor for a year for attempted special larceny at Daejeon District Court on March 30, 2017 and the same year.

9. 23. The execution of sentence shall be completed in Daejeon Prison.

[2018 Highest 374] On December 5, 2017, the Defendant entered a “E” unmanned photographer D operated by the victim D in Daejeon Jung-gu Daejeon Special Metropolitan City on December 5, 2017, and returned the lock lock hole in advance, and stolen KRW 175,000,000 owned by the victim.

[2018 Highest 679] On December 12, 2017, the Defendant entered the “E” unmanned photographer D, operated by the victim D in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, and opened a door to return paper locked by hand, and used 900,000 won in cash owned by the victim.

[2018 Highest 971]

1. On December 14, 2017, at around 05:00, the Defendant: (a) went into a “H” game room operated by the Victim G in Daejeon-gu Daejeon-gu, Daejeon-gu; and (b) intruded into the lock-up system of the said store’s office as an accompanying unit by opening a cash exchange machine and a personal-type game machine with the key located therein; and (c) stolen with the cash 138,500 won, the game machine and the key to the office.

2. On December 15, 2017, the Defendant: (a) opened an office door with a stolen key at around 02:30 around December 15, 2017 at the same place as the foregoing; (b) opened a cash exchange machine; and (c) stolen cash 237,500 won in the game machine.

Summary of Evidence

[2018 Highest 374]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. On-site CCTV photographs;

1. Previous convictions in the judgment: Investigative into criminal history and investigation reports (Attachment of the background of detention in the Daegu detention house and the sentence attached to the judgment on December 15, 2017);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of D (2018 highest 971);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. Protocols of seizure;