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(영문) 대구지방법원 김천지원 2019.09.05 2019고단546
절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 16, 2019, the Defendant: (a) around 12:30 on April 16, 2019, at a “D” restaurant operated by the Victim C in Kimcheon-si, Kimcheon-si; (b) entered the said restaurant with the intent of theft of the victim’s property by taking advantage of the gaps of surveillance; and (c) entered the said restaurant with the intent of theft of the victim’s property by taking advantage of the gaps of surveillance; and (d) 1,900 won of the market price entered in the air conditioners; and (d) went to include one disease in the main machine.

Accordingly, the defendant invadedd the victim's structure and stolen the property owned by the victim.

2. On April 24, 2019, the Defendant committed the crime at the same restaurant around 14:03 on April 24, 2019, the Defendant entered and intruded into the above restaurant with the intent to steal the property of the same victim by taking advantage of the gaps of surveillance negligence, and stored KRW 30,000,000 in cash owned by the victim, who was in custody of the said air conditioning, at the market price of 1,90 won owned by the victim.

Accordingly, the defendant invadedd the victim's structure, and stolen the property equivalent to the total amount of 31,90 won in the market price owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each written statement of C;

1. Reports on internal investigation, investigation reports (Attachment of photographs of damaged articles), investigation reports (CtV);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to CCTV images, etc. related to theft) and report of internal investigation (Attachment to 112 Report Table, etc.);

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with labor for one month to nine years;

2. The range of recommending punishment according to the sentencing guidelines [decision of types]; thief [No. 4] intrusion theft [special scief] mitigation element] for general property: In cases of intrusion upon places other than indoor residential space, the responsibility of a person with mental disability and mental disability.

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