beta
(영문) 대구지방법원 서부지원 2015.02.27 2014고단1807

특수절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 6, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) committed by the victim D in Daegu Seo-gu, Daegu, about 17:00 on April 6, 2014, and the Defendant removed part of the fence of the said place of business (Gu) management Dong (Gu) management Dong (Gu) management Dong (Gu) management Dong (Gu) management Dong (Gu) and entered the following two measures, and the Defendant saw B from the fence inside the fence.

Accordingly, the defendant invadedd a structure jointly with B.

2. The Defendant, upon intrusion upon the date, time, and place described in B and B as mentioned in paragraph (1), took measures to report the network in the vicinity of (Gu) management Dong fence and removed the window in his hand, separated the glass connected to Aluminium new at the date D, which was in possession of the window in his possession, and cut off 44 times in alinium in total equivalent to the market price managed by the victim D and loaded 2,200,000 won in alinium.

Accordingly, the defendant stolen the victim's property together with B.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Statement made to D by the police;

1. Reporting on investigation (retributation of damaged articles);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 331 (2) and (1) of the Criminal Act applicable to the crime, Article 331 (2) and (1) of the Election Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., confession, reflectivity, degree of damage, electricity, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;