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(영문) 대구지방법원 김천지원 2019.07.11 2019고단228

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 16, 2019, the Defendant: (a) around 03:14, around 03:14, entered the “D” restaurant for the operation of the Victim C (SP) in the Gyeong-si, Chungcheongnam-si; (b) opened an unclaimed window and entered any unclaimed restaurant; and (c) brought about KRW 300,000 in cash, which is one of the victims’ possession.

2. At around 02:40 on February 18, 2018, the Defendant: (a) opened an unlocked window at the above D’ D’ restaurant; (b) entered any place into the said restaurant; and (c) brought 3 soldiers in the total amount of KRW 12,000 in cash, which is the victim’s possession and the market price in the air conditioners and in the air conditioners.

Accordingly, the defendant abused the victim's property by impairing the victim's structure at night over a total of twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of each C;

1. Each on-site inspection report and each appraisal report;

1. 현장사진, CCTV 사진, CCTV 영상 사진 12매, 사진, CCTV 켭쳐사진 법령의 적용

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (at night, determination of types) thief [Article 4] thief [Special Convictf] thief] thief (special salvor] thief] thief (special stief] : mitigated area of living-type crimes [recommended area and recommendation range] , imprisonment with prison labor for up to one year and six months;

(b) Class 2 crime ( night decision on types of larceny) (limited to the thief) (limited to the 4th category), which is the element of larceny [special scief] (special scief) which is the element of larceny in general property: The area of mitigation of living-type crimes [referring to the area of recommendations and recommendations], and the area of mitigation of imprisonment with prison labor for up to

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for 8 months to 2 years (the maximum of crimes No. 2).3.