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(영문) 대구지방법원 서부지원 2020.01.30 2019고단1907

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

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

On July 8, 2019, around 02:46, the Defendant: (a) opened a toilet window in the front of the said game room; (b) opened the game room in Daegu-gu, Daegu-gu; and (c) intruded inside the said room through the window; and (d) opened a paper-to-face exchange exchanger and 5.180,000 won in cash in the said room, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. On-site photographs, inquiry pictures, vehicle photographs, and photographs;

1. Application of Acts and subordinate statutes to investigation reports (9, 11, 13);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Do1448, Apr. 1, 201)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the thief [No. 4] intrusion theft [Special Convicted Persons] - mitigated elements: Where a person intrudes into places, other than living or indoor residential spaces [the scope of recommendations and recommendations] special mitigation fields, imprisonment with prison labor for up to four months and one year [the grounds for suspension of execution] - Major pride grounds: Offenses of living style - General pride grounds: Defidentity, Defendant's detention with excessive difficulty to his/her family members - General misconduct grounds for suspension of execution of imprisonment with prison labor for more than two times;

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;