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(영문) 대구지방법원 2013.11.08 2013고단5109

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

1. On July 6, 2013, the Defendant: (a) around 21:00, the Defendant: (b) opened a door using the entrance and intruded into the office; and (c) took a theft of each one of the Daegu Bank and Han Bank’s credit cards owned by the victim AB (year 53).

Accordingly, the defendant invaded another person's structure and stolen the victim's property.

2. On July 7, 2013, around 23:18, the Defendant: (a) posted the victim Daegu Bank’s physical card, which was stolen, into cash withdrawal machine; (b) then withdrawn KRW 1.4 million through cash withdrawal machine; and (c) entered passwords, on two occasions, at around 23:18, Jung-gu, Daegu-gu, Daegu-gu, Daegu-gu, 1.2-1.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to AB and AC;

1. Application of Acts and subordinate statutes on internal investigation reports (the attachment of suspect specific-A photographs);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

1. Of concurrent offenders, the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize the Defendant’s mistake, but the injury was not recovered, and there was a record of the same suspended execution, and the content of the instant crime is not somewhat weak, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, shall be determined as per the disposition.