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(영문) 대구지방법원 안동지원 2017.12.08 2017고단728

야간건조물침입절도

Text

The punishment of the accused shall be five months of imprisonment.

Reasons

Punishment of the crime

[criminal records] On February 22, 2017, the defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for larceny, etc. by a high military court of the Ministry of National Defense, such as the Ministry of National Defense, and the decision became final and conclusive on March 2, 2017 and is currently under suspended sentence

[Criminal facts]

1. On October 21, 2017, at around 03:00, the Defendant came to a plastic house in front of the office of the victim D located in the Yancheon-gun, Gyeongcheon-gun, D, where the entrance was opened, and went into the said plastic house, and routed into the said plastic house and routed into the said place and routed into the E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

2. On October 23, 2017, the Defendant: (a) 02:00 on October 23, 2017, after the house of the victim G located in the Yancheon-gun, the Defendant went into the said plastic house, where the entrance was opened, into the said plastic house, and went into the said place and brought about the said car of 1575,00 won at the market price owned by the victim, which was kept in the said place, and brought about the said car of 105,000 won, which was prepared in advance.

Accordingly, the defendant invadedd a structure managed by the victims at night, and stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Each statement of D and I;

1. Each report on investigation;

1. A copy of each photograph, E vehicle movement details, and passbook;

1. Records of the judgment: Application of inquiry letter, such as criminal history, investigation report (a copy of the judgment during the period of probation against the suspect) and attached data;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Recommendations based on the sentencing criteria;

(a) Determination of each type of larceny (No. 1, 2) upon intrusion upon residence at night: thief; thief; thief for general property; and 2) for each special sentencing factor: Where each person intrudes into a place other than indoor residential space; 3) the scope of each recommendation recommended: 4 months to 1 year and 6 months;

(b) Final guidelines for handling multiple crimes;