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(영문) 대구지방법원 상주지원 2019.05.21 2019고단122
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On April 4, 2019, at the time of residence at around 03:56, the Defendant intruded into the “D” restaurant operated by the victim C, which was not corrected, and carried 110,000 won in cash owned by the victim, which was entered in the above credit cooperative.

2. On April 9, 2019, at the time of residence at around 02:10 on April 9, 2019, the Defendant intruded into the “G” beauty room operated by the victim F, which was not corrected, and carried 1:40,000 won in cash owned by the victim, which was entered in the above credit cooperative.

Accordingly, the defendant stolen the property by intrusion on the structure managed by the victims at night.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: One month to fifteen years;

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

(a) Class 1 crime (overtime decision of type) thief [Attachment 4] thief [Special Convictf] - mitigated elements: In cases of intrusion into general property [special stief] - mitigated elements: In cases of living types of crime, indoor residential space, or intrusion into places other than indoor residential space, in the area of special mitigation of punishment [the area of recommendation and recommendation range], 4 months to one year and six months;

(b) Class 2 crime ( night decision on types of larceny) [the thief] thief [the 4] thief [the thief] - mitigated element] - Where a person intrudes into places other than a living type, indoor residential space, or indoor residential space, no penalty shall be imposed [the recommended sphere and the scope of recommended punishment] , special mitigation area, four months to one year and six months;

(c) Scope of recommendations according to the standards for handling multiple crimes: From 4 months to 2 years (the maximum of crimes No. 2).

3. The fact that the defendant for the decision of sentencing reflects his wrongness, the fact that damage is insignificant, and the crime of living together; and

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