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(영문) 대구지방법원 의성지원 2018.11.15 2018고단172

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 7, 2018, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months due to intrusion of structure, larceny, etc. at night in the Chuncheon district court's branch court, and the said judgment became final and conclusive on June 15, 2018.

around 00:20 on March 28, 2018, the Defendant: (a) opened and intruded “E” commercial building operated by the Victim D, the victim D, at the Won-si, Seoul; (b) opened a locking door by inputting the password of the entrance entered in the mail; and (c) opened and intrudes the entrance; and (d) 6 C C, the victim’s market price on the side of the first floor, which is equivalent to KRW 36,00,00, the victim’s market price on the part of the victim’s possession.

In other words, they stolen them.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of damaged articles;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Article 330 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

The favorable circumstances: The defendant recognized his mistake and divided, and reported him to voluntarily to commit a crime after committing the crime. The damage was fully recovered, and the night building intrusion larceny, etc., for which the crime of this case and the judgment of this case became final, is one of the concurrent crimes after Article 37 of the Criminal Act, and at the same time, the equity should be taken into account when the judgment is sentenced.

The defendant committed the crime of this case even though he had the record of two suspended execution as a property crime.