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(영문) 대전지방법원 2017.01.11 2016고단3748

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 48, 49

Reasons

Punishment of the crime

1. On August 26, 2016, at around 02:00, the Defendant: (a) discovered a cargo vehicle owned by the victim D, which is located in the front of Seo-gu Daejeon Special Metropolitan City, from around 02:00, the Defendant: (b) destroyed the cargo vehicle owned by the Plaintiff; (c) opened the door; and (d) destroyed another’s property over 15 times in total, as described in the list of crimes committed by the Defendant from October 15, 2016, the market owner destroyed the cargo vehicle owned by the Plaintiff; and (d) opened the door and damaged the other’s property at least 300,000 won at the market price owned by the victim in another vehicle.

2. 야간 건조물 침입 절도 피고인은 2016. 9. 3. 02:00 경 대전 서구 F에 있는 피해자 G이 운영하는 ‘H 마트 ’에 이르러, 시정되어 있는 출입문 틈을 통해 안으로 침입하여 그곳에 있는 피해자 소유인 시가 합계 35,500원 상당의 고향 만두 5 봉지, 동그랑땡 1 봉 지를 절취한 것을 비롯하여, 그때부터 2016. 9. 21. 경까지 별지 범죄 일람표 (2) 의 기재와 같이 모두 9회에 걸쳐 타인의 건조물에 침입하여 타인의 재물을 절취하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of D, G, I, J, K, L, M, N, P, Q, R, T, U, V, W, X, Y, and Z;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 329 of the Criminal Act concerning the choice of punishment (a point of Section 329, a choice of imprisonment), Article 366 of the Criminal Act (a point of destroying property, a choice of imprisonment with prison labor), Article 330 of the Criminal Act (a point of larceny of intrusion on night structures);

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

1. The fact that a juvenile protective disposition or suspension of indictment was committed for the same kind of crime for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the fact that the case was committed repeatedly against many and unspecified victims, and that most victims want to be punished, without a large amount of damage.