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(영문) 대구지방법원 서부지원 2019.09.25 2019고단1672

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 became final and conclusive.

Reasons

Punishment of the crime

1. On April 29, 2019, the Defendant committed the crime of April 29, 2019: around 01:09 to 03:09 to 03:09, at a place where the Victim C, in the Seo-gu Seo-gu, Daegu-gu, he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she he/she stored in the lower fence of a steel fence with a locking device at a height of 6 meters, which is located below the locking fence, and, at the market price, he/she was the victim who was he/she was he/she stored in the ship, and she stored in the brub, which was prepared in advance, and bred with the bicycle three times consecutively.

2. On May 2, 2019, the Defendant committed the crime of May 2, 2019: (a) around 01:30, in the site for the removal of the building managed by the said victim in Seo-gu, Daegu-gu, Seo-gu; (b) intruded into the crepans below the fence of a steel fence of a height of four meters with locking devices; (c) he stored them in the market price of the victim, which is the victim’s possession, in advance, prepared approximately five km of alinium alinium alinium alk in the market price.

Accordingly, the defendant stolen property by impairing the victim's structure at night over two times.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement to C by the police;

1. Each internal investigation report or investigation report (the evidence list Nos. 2, 4, 7-11, 15);

1. Application of Acts and subordinate statutes of ct v photographs (Evidence Nos 3, 5)

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The age, character, conduct, environment of the defendant, including the fact that there are two times of fines due to larceny, that the statutory punishment for night residence intrusion larceny is stipulated only by imprisonment and that it is impossible to choose another punishment due to the impossibility of choice of the other punishment: confessions and reflects; that is, agreement with the victim; that is, the crime committed in the economic difficulty situation; that is, there is no record of punishment exceeding the fine; and