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(영문) 대전지방법원 공주지원 2019.03.08 2019고단30
방실침입등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around 12:00-13:00 on February 2, 2018, the Defendant: (a) visited the previous District Office of Education with a consultation on school meal services in the previous District Office of Education in order to take a theft by having public officials take away from the office room without correcting the office door; (b) opened a door that has not been corrected in the attached room and intruded into the attached room; and (c) cut off cash of KRW 200,000 from the temporary room of the victim C located there until January 9, 2019, the Defendant stolen the room and the building managed by the victims nine times in total, as shown in the attached crime list, and then stolen money and valuables equivalent to KRW 5,08,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, D, E, F, G, H, and I;

1. Photographs of voluntarily produced articles and on-site photographs;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (influence to buildings and intrusions), Article 329 of the Criminal Act, and Article 329 of the Criminal Act, the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, there is no significant amount of individual damage on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and the fact that the defendant agreed with most victims is favorable.

However, even though the Defendant had been sentenced several times due to theft after the intrusion of the same government office, and had been sentenced to criminal punishment, the entire period of crime is longer than one year.

Despite repeated punishment, it is not reasonable to place a defendant who has not abandoned the habit of larceny on the grounds of reflective or personal business, but a man's carbon source, etc.

The sentence of imprisonment with prison labor shall be sentenced, and the above favorable circumstances and sentencing criteria, age, character and behavior, environment, motive and consequence of the crime, and various sentencing conditions shown in the trial process.

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