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(영문) 대전지방법원 서산지원 2015.09.10 2015고단473
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. At night, at around 01:30 on May 19, 2015, the Defendant: (a) opened a non-recovered door door at the Eda operated by the victim D with the second floor in Chungcheongnam-gun, Chungcheongnam-gun; and (b) intruded into the said door; and (c) one of the two keys of the victim’s possession in the Kabter; (d) one of the two cash units belonging to the victim’s possession in the Kabter; (e) six cosmetics owned by the victim; (e) six pockets; (f) one pocket book; (c) one log of six hundred and fifty thousand won in the market value; (d) one car driver’s license; and (e) three million won in the market value of the victim’s cash ownership at the 300,000,000 won in its inner room; and (e) one of the 700,000,00 won in the market value of the Kabter;

2. A thief: (a) around 01:40 on May 19, 2015, the Defendant: (b) driven a thief motor vehicle with G Aup-Wn-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Records of seizure and the list of seizure;

1. The application of Acts and subordinate statutes, such as photographs of the scene of damage, photographs of the suspect's residence, and photographs of seized articles, and CCTV photographs of the same ship before and after committing the

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

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. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, Type 1 crime [the scope of recommending punishment] for the sentencing of Article 62-2 of the Probation Criminal Act, Part 4 for the mitigation area (8 to 1.6 months) for the larceny area (the mitigation area) for general property [the scope of recommending punishment] for the second crime that is not subject to punishment [the scope of recommending punishment] for general property, Part 2 for the larceny area (general larceny from April to October] (the special mitigation area) for mitigation area (the special mitigation area).

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