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(영문) 대구지방법원 의성지원 2021.02.18 2020고단365
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 5, 2020, from around 18:53 to around 19:16, the Defendant: (a) went into the residence of the victim C located in Cheongong-gun B; (b) went into the warehouse without the main gate; and (c) brought about a 1 bom ( approximately KRW 30 to 40,000 at the market price, which is the victim’s possession in the warehouse; and (d) committed a theft; and (e) from then to November 20:25, 2020, the Defendant stolen the victim’s property worth KRW 4,60,000, total market price, which is the victim’s possession, at night, at five times in total, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. The application of the following Acts and subordinate statutes to the Defendant’s legal statement D, E, C, F, and G: A written investigation report (related to attaching on-site photographs), investigation report (in relation to the crimes committed by a vehicle for use, the moving route of the vehicle and the CCTV closure photograph), each investigation report (Attachment of site photographs), investigation report (related to the moving route of a vehicle for use and the data on CCTV in the field), investigation report (related to attaching of site photographs), investigation report (related to the moving route of a vehicle and the data on CCTV in the field), investigation report (related to the removal of a vehicle), investigation report (related to the victim G investigation), investigation report (Attachment of CCTV data surrounding the scene of the crime on September 14, 2020), investigation report (related to the suspect’s investigation time (related to the confirmation of the time of the crimes committed) and the list of seized articles);

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

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

1. On the grounds of suspended sentence under Article 62(1) of the Criminal Act, the sentencing factors indicated in the arguments of the instant case, including the Defendant’s age, environment, sex, motive for committing a crime, means and consequence of a crime, etc., shall be determined by comprehensively taking account of the following circumstances, and the sentencing factors indicated in the arguments of the instant case.

Unfavorable circumstances: The victims want to be punished by the defendant because the crime of this case is inferior in light of the method and frequency of the crime of this case and the scale of damage, and the damage has not been recovered properly.

The favorable circumstances: The defendant recognizes his mistake, repents, and the economic situation is not good.

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