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(영문) 대전지방법원 천안지원 2017.03.16 2016고단819
건조물침입등
Text

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

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

In this case.

Reasons

Punishment of the crime

[Prior convictions subject to Article 39(1) of the Criminal Act] On May 12, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny in the Daejeon District Court’s astronomical Branch, and the judgment became final and conclusive on May 20, 2016.

[Criminal facts]

1. On February 1, 2016, the day when the date of February 2, 2016 cannot be known, the Defendant intruded into a structure and stolen building B via a toilet window in the first floor of the commercial building in the construction of a new construction project managed by the victim C, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and 10,000 won of the market value of the victim’s possession, and stolen it.

After all, the defendant invadedd the victim's management structure and stolen the victim's property.

2. In around 11:50 on May 17, 2016, the Defendant inflicted injury on the victim D (the remaining, 57 years old) who was locked by drinking in a park located in 10-lane 13, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seo-gu, 2016, on the face of 10-lane 10, and without any reason, on the part of the victim D (the other, 57 years old) who was locked on the event at the event at that park, the victim's face was set one time by drinking, and the victim's face was taken several times by drinking, and the victim's face and left-hand part was hick, and the victim's face and left-hand part cannot be identified on several occasions.

Summary of Evidence

[Criminal facts] - Judgment No. 1-

1. Protocol concerning the examination of suspect;

1. A written statement (C);

1. The records of seizure (50 pages of investigation records), photographs of seized articles (54 pages of investigation records), - Facts 2- of judgment;

1. Protocol concerning the examination of some persons;

1. Statement protocol (D);

1. On-site photographs;

1. A report on investigation (in cases of attaching photographs of the body of the victim, before being subject to the application of Article 39 (1) of the Criminal Act);

1. Application of an inquiry letter, such as criminal history, and a report on the result of confirmation (Attachment to the judgment) before and after the previous conviction;

1. Relevant legal provisions of the Criminal Act and Article 319(1) of the Criminal Act regarding criminal facts, Article 329 of the Criminal Act, Article 257(1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.

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