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(영문) 대전지방법원 2017.11.17 2017고단3697
야간건조물침입절도
Text

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

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

Reasons

Punishment of the crime

On July 18, 2017, the Defendant walked in front of the 17 Hadle Doh 17, a 37th-ro, Seo-gu, Seo-gu, Seo-gu, on the 1st century, and discovered that the victim C was equipped with a bicycle 1 set up in the victim C’s market value equivalent to KRW 700,000,000,000 in the victim’s 1st floor, and took place on July 20, 2017, with a view to cutting off it. On July 20, 2017, the Defendant: (a) opened a corrective joint entrance; (b) opened a locking device in advance by intrusioning the 1st floor of the present, and carried out a bicycle of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs by cutting off on-site CCTVs;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., circumstances in which damaged goods have been restored to the victim and where the injured person does not want the punishment of the defendant);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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