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(영문) 대구지방법원 서부지원 2016.10.13 2016고단781

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Force】 On November 20, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for special larceny, etc. in the Daegu District Court Kimcheon-do and two years of suspended execution, and the judgment became final and conclusive on the 28th of the same month.

【Criminal Facts】 On May 5, 2016, at around 20:56, the Defendant: (a) opened an office “E” for the operation of the Victim D in Daegu-gu, Seo-gu, Daegu-gu, Seoul-gu, and opened a prefabricated-gu entrance, which was corrected by using any gaps that the victim left and intrudes into the office; and (b) placed the prefabricated PC in a box prepared in advance for the amount equivalent to KRW 700,000,00 at the market price of the main body of the prefabricated PC under the office’s book, and stolen it.

On May 2, 2016, at around 11:45, the Defendant found the key under the part of the new stude, which was located in front of the entrance by the victim's crepan by using the gap in the victim's dwelling in Daegu-gu, Daegu-gu, and at around 11:45 on May 2, 2016, the Defendant opened a corrected stample and intrudes into the inner part, and 8,700 won in the city, Nowon-gu, Seoul-gu, the victim in the inner part, and 8,700 won in plastics in the small room.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

"2016 Highest 781"

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Statement made to D by the police;

1. Investigation report (Attachment of details of seizure of the damaged goods (prefabricated PC main body), and photographs of the site of seizure);

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (former records and attachment of judgment)" 2016 Height1690;

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Police statements of D;

1. Records of seizure and the list of seizure;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 330 of the Criminal Act (the occupation of larceny at night), Article 329 of the Criminal Act and Article 319 of the Criminal Act concerning criminal facts.