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(영문) 대전지방법원 공주지원 2015.02.06 2014고단296
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From around 23:55 on September 6, 2014 to 00:18 the following day, the Defendant invadedd the door door at B operated by the victim C during the period from around 00:18, and stolen the property worth KRW 501,500 in total on 17 occasions from October 22 of the same year, as indicated in the list of crimes, by holding the victim’s own sa, sa, sa, and sacrat at the market price of the victim’s own 90,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, F, G, H, I, J, K, L, M, N, P, Q, R, and C;

1. On-site identification reports and site file reports;

1. Details of each on-site photograph, CCTV photograph, photograph, permanent photograph, CCTV screen, photograph, and on-site inspection;

1. Records of seizure, the list of seizure and the photograph description thereof;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (in-house investigations);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings) and Articles 330 (the points of larceny of night buildings) and 342 and 330 (the points of attempted larceny of night buildings);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment stipulated in night-time building intrusion larceny dated September 20, 2014), which is the most bad offense;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Articles 59 and 62 of the Act on Probation, etc.;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Crimes 1 applicable to sentencing standards: (a) the basic area (one to two years and six months of imprisonment) of the basic area (special mitigation) (one to two years and six months of imprisonment) (special mitigation) / Where a person carries a deadly weapon in any place other than an indoor residential space (type 4) / The case where a person carries a deadly weapon, or the case where a person commits crimes 2 (in the case of night-time damage, residential intrusion, or night-time damage, structure, structure, etc. (Type 4) in general property / the scope of recommending punishment) of the basic area of punishment of category 4.

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