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(영문) 대전지방법원 천안지원 2016.09.08 2016고단1289

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2016, around 00:08, the Defendant infringed upon the said summary at the construction site at the construction site of the Seo-gu B multi-family house in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon, and then divided about 30,000 won of construction materials in the market price managed by the victim C, which was kept in custody, into three times, and towed and stolen them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police statement;

1. Application of each video statute of the comprehensive organization of CCTV, such as field photographs, CCTV photographs, etc.;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;

2. Where he/she has intruded into places, other than indoor residential spaces (the scope of recommending punishment) the scope of recommending punishment according to the sentencing guidelines (the determination of types of punishment): thief; 4 (Special Convict) among thief for general property; thief; 4) livelihood-oriented crimes; or raids into places, other than indoor residential spaces (the elements of mitigation) (the scope of recommending punishment);

3. Determination of sentence: The sentence shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of the instant case, including the fact that the 4-month suspended sentence of 1 year has been recovered from damage or has not been agreed with the victim, that the Defendant was sentenced twice to a fine for the same kind of crime after around 2015 and had the record of being sentenced to suspension of indictment once. Meanwhile, it appears to be a living-oriented crime committed in the process of collecting high water, that it appears to be a living-oriented crime committed in the process of collecting high water, that it appears to be against the Defendant