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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1413
야간건조물침입절도등
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. From May 30, 2016 to May 30, 2016, the Defendant: (a) opened the closed door and intruded into the said door; (b) caused a theft of an amount equivalent to KRW 270,000 at the market price, which includes a cash amounting to KRW 300,000,000 owned by the victim; (c) the Defendant: (d) from around 06:47 on June 11, 2016 to around 06:57 of the same day, the Defendant used the said door from around 10km-gun, Chungcheongnam-gun-gun, to the 10-7th day of the same day to the 896th day of the same military, to the 16:57 day of the same day; (d) from around 10km-gun to the 896th day of the car without a driver’s license, the Defendant used the said M car from around 216, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Photographss of the scene of crime, CCTV images-fashion photographs, CCTV images-fashion photographs, neighboring CCTV images and mits at night;

1. A report on the results of field identification and a statement of the results of fingerprint appraisal at the scene of an offense;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to traffic specifications;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Larceny of night buildings: Article 330 of the Criminal Act;

(b) Operation without any license: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and selection of imprisonment;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for larceny against a structure at night with the largest punishment);

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria [Determination of Type] 4 (Intrusion Larceny) mitigated elements for general property (special sentencing factors): Offenses punishable by Livelihood, Non-existence of Punishment [Scope of Recommendation] from April to June 1.

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