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(영문) 대전지방법원 2015.08.21 2015고단2125
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 May 23, 2014, the Defendant: (a) around 02:20 on May 23, 2014, the Defendant: (b) opened an entrance locked using the body diameter of the victim in front of the E office operated by the victim D; and (c) opened the entrance locked and entered the door door; and (d) carried one passbook owned by the victim located adjacent to the computer.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

2. A theft: (a) around 08:05 on May 23, 2014, the Defendant: (b) put the said agricultural bank passbook into the said agricultural bank passbook at the Daejeon Branch of the Agricultural Cooperative Federation, which was in the conduct of the Daejeon, and entered the name of the saidD and entered the password of the passbook known to him; (c) withdrawn KRW 5 million in cash owned by the said Nonghyup Bank; and (d) subsequently stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

3. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined by taking into consideration the following circumstances such as the following: the first crime for sentencing under Article 62(1) of the Act on the Suspension of Execution: the first crime [the scope of recommendations] for general property; the crime for livelihood [the person subject to special mitigation] and the second crime not subject to punishment [the scope of recommendations] for general property; the crime for livelihood (2 to 10 months) for the special mitigation area (2 to 10 months); the crime subject to special mitigation area (2nd to 2nd (2nd 2nd 10 months); the scope of final sentence due to the aggravation of punishment: April to 11 [the decision of sentence]; the victim has recovered from the damage; the victim has not want to be punished; the victim has been a living offender; the victim has been dependent; the victim has been living without a previous conviction for 13 years; and the victim has not been living.

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