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(영문) 대구지방법원 김천지원 2020.06.04 2020고단556

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not more than ten 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

From January 9, 2020, the Defendant was aware of the fact that he had kept a large amount of cash in the book of the accounting book, while working as a part-time employee in E operated by the victim D, who is located in the Gu and Si B building C, from around January 9, 2020, the Defendant was aware of the fact that he stored the large amount of cash in the book of the accounting book.

On January 18, 2020, the Defendant: (a) confirmed on January 18, 2020, around 20:22, that the instant fire hydrant opened a entrance by cutting the key, and intrudes into the office of the competent accounting department, and that the cash in the book is kept at a large amount on the book; and (b) prepared to put the clothes back to the house, put them into cash, without being added to the calculation of tax revenue and expenditure.

At around 22:21 on the same day, the Defendant opened an entrance by the above method as above and intruded into the office of the competent accounting department, and then placed 40,563,000 won in cash, which was owned by the victim and was in custody on the books, in advance prepared for the theft.

Accordingly, the defendant invadedd the building managed by others at night, and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to a closure photograph of each CCTV image, such as a report on the occurrence of the crime (extime building intrusion theft), on-site photograph, closure photograph on the scene of the crime, investigation report (as to the amount of damage), victim's business registration certificate, photographic image of the place of the crime, photograph

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

1. Article 62 (1) of the Criminal Act;

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 recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for violation of general property]: In cases of intrusion upon places, other than indoor residential space, no penalty shall be imposed [the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment from April to June;

3. The defendant who was sentenced to the sentence shall be in violation of the Military Service Act of 2018.