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(영문) 대구지방법원 2017.01.12 2016고단5073

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, with the trade name of “B”, was a person who sells the string, and committed a theft of other strings, and intended to sell them.

1. On August 20, 2016, the Defendant: (a) at around 05:00 on August 20, 2016, at around 05:0, at the same time, destroyed “D” located in Daegu Dong-gu, Daegu-gu, Daegu-gu, Daegu-gu; (b) caused intrusion to the wall inside the wall; and (c) stolen two of them, one of which was larger than KRW 20,00 in the market value of the victim E-owned on the wall.

2. On September 9, 2016, around 04:30 on September 9, 2016, the Defendant committed the crime, and at the same place as the above paragraph 1, around 04:30 on September 9, 2016, infringed upon the wall inside the wall through the parking lot, and stolen eight out of the market value of the victim E, who is loaded adjacent to the wall, and was loaded adjacent to the wall.

Summary of Evidence

1. Statement by the defendant in court;

1. Each E statement;

1. Application of the Acts and subordinate statutes to photograph CCTVs upon committing a crime;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment in accordance with the sentencing guidelines - Category 1 (Scope of the recommended punishment / [Scope of the punishment] - The area of the special mitigation [4 months to one year and six months] for general property (the special mitigation person] / In the case of intrusion into a place other than an indoor residential space, (4) - The scope of the recommended punishment - The crime No. 2 / the scope of the punishment / [4] the area of the special mitigation [4 months to one year and six months] / the area of the special mitigation [4 months to one year and six months] / the area of the punishment (the person of the special mitigation person] where the person intrudes into a place other than an indoor residential space; the scope of the final sentence according to the increase of the punishment non-permanent majority: April to February 2:

2. Although the Defendant was sentenced to a fine for the same kind of crime in 2016, he/she committed the instant crime more than twice at the same time, he/she did not wish to punish the Defendant by agreement with the victim, and the Defendant was subject to punishment once as above.