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(영문) 대구지방법원 2020.11.11 2020고단4669

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On October 22, 2015, the Defendant was sentenced to four years of imprisonment at the Daegu High Court due to robbery, injury, etc., and completed the execution of the sentence at the Kimcheon Juvenile Reformatory on February 25, 2019.

【Criminal Facts】

On August 20, 2020, at around 21:35 to 22:25, the Defendant got into the vinyl farm owned by the victim C, the victim C, who was in the Gyeongbuk-gun B, and went into the said vinyl by tearing into the right right-hand side of the vinyl, and the victim’s market price in other locations was approximately 70,000 won in total, which is the victim’s market price in other locations where the victim’s surveillance was neglected.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence, internal investigation and investigation report;

1. The screen after a CCTV closure;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of repeated crimes);

1. Article 330 of the Criminal Act and Article 330 of the same Act concerning the applicable criminal facts;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [Type 4] for general property; intrusion larceny (special scams): In cases of intrusion upon places, other than indoor residential space, the factors of aggravation: The area of mitigation of punishment (the area of recommending punishment and the scope of recommending punishment) for the same repeated crime that does not fall under specific crime aggravation (the scope of recommending punishment) and imprisonment for August through June;

3. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Many of the criminal records have been punished for the same crime, and in particular, the crime of this case has not been committed during the period of repeated crime.

It was impossible to take advantage of the victim, and it was also recovered from damage.