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(영문) 대전지방법원 2019.06.13 2019고단1503

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 9, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for larceny at the Daejeon District Court on October 10, 2018, and the judgment became final and conclusive on January 17, 2018 and is still under the suspension of execution.

On April 9, 2019, the Defendant: (a) opened a warehouse entrance and intruded into the warehouse by using the keyss kept in custody in the window of the warehouse, and (b) destroyed red ginseng worth KRW 2,465,000 at the market price owned by the victim, which was kept in custody, around 32 km of the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, results of inquiry, and application of Acts and subordinate statutes to criminal investigation reports (report on attachment of judgments of the same kind of case under suspended execution);

1. Grounds for sentencing Article 330 of the Criminal Act with respect to the relevant criminal facts;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines: thie to one year and six months (decision of type): thief for general property on April to one year (decision of type). < Amended by Act No. 11348, Apr. 1, 201; Act No. 1372, Apr. 2, 2011>

3. Determination of sentence: The fact that the criminal of this case has been committed during the period of suspension of sentence for the same kind of crime for six months is disadvantageous to the defendant;

On the other hand, the circumstances applicable to the above special person and the victim's 3 million won are recovered from damage by paying 3 million won to the victim and the victim is also the highest preference for the defendant. The defendant recognized the defendant's mistake due to the crime of this case and has a serious reflectiveness, and the defendant has dependents, such as the old parents suffering from dementia, chronic waste diseases, etc., and her children inside and outside of 10 suicide, and the detention of the defendant is excessive difficulty for the family members.

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