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(영문) 대구지방법원 2017.01.13 2016고단4008
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

When the defendant experienced difficulties due to living conditions, he was able to steal the money in the parked taxi by intrusioning on the taxi company's vehicle notice that was done before the times.

On July 31, 2016, the Defendant opened a back door of the company located in Dong-gu, Dong-gu, 05:00, which was not corrected by D, and cut off the knick by intrusioning upon the vehicle notification of the said company, which is a structure.

It was destroyed and damaged by putting the first back door window of the E-si parked, and the victim F-owned market price of KRW 250,000 was 272,00,000, the market price of which is 12,000,000, and the market price was 272,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made to F in the police statement protocol;

1. Application of each description in each photograph, investigative report (related to the confirmation of a day-time time), or video statute;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act ( considered as favorable sentencing conditions among the reasons for sentencing) [the scope of applicable sentences under the law] : one month to ten years [decision-type] - Where a person subject to special sentencing intrudes into a place other than an indoor indoor residential space for living factors (type 4) - [decision-making in the area of recommendation] Special mitigation [the scope of recommendation] 4 to one year and six months / [the scope of suspended sentence] - Major Reasons for special mitigation / [the scope of recommendation] 4 to one year and six months / there are no criminal records of the suspended sentence of positive living - there are no criminal records of the suspended sentence of sentence of punishment or more: although the defendant did not make efforts to recover damage, the amount of damage was not significant once, part of damage was returned to the victim, the defendant was sentenced to a fine by the defendant among the crimes in this case.

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