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(영문) 대구지방법원 2013.11.08 2013고단5301
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

The seized evidence Nos. 1 and 2 shall be returned to the victim C.

Reasons

Criminal facts

1. On August 15, 2013, the Defendant: (a) 01:00 on August 15, 2013, the Defendant: (b) was the victim D, located in Daegu Suwon-gu; (c) opened a corrected entrance and intruded into the said F; and (d) cut off the feld tobacco equivalent to KRW 5,00 (5,00), the market value of the victim’s possession on the face.

2. At night against the victim C, at the time and place specified in the above paragraph (1), the Defendant: (a) opened and intruded the corrective entrance of the said office at the G Office operated by the victim C; and (b) cut off by using two 20,000 won, respectively, at the market price of the victim’s ownership located in the office, and one b.20,000 won, which was included in the 20,000 won, at each time and at each time and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. A written statement of C and D;

1. Police seizure records;

1. Application of investigation reports (specific victims and confirmation of market price of damaged goods) Acts and subordinate statutes;

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

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

1. The sentencing of Article 333(1) of the Criminal Procedure Act on the ground of sentencing under Article 333(1) shall be determined as ordered by taking into account all the circumstances such as the contents of the instant crime, the degree of damage inflicted thereon, the records of the Defendant, the age, character and conduct, the environment of the Defendant,

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