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(영문) 대구지방법원 상주지원 2019.01.15 2018고단211
야간건조물침입절도
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

On February 25, 2018, around 02:19, the Defendant intruded through the open entrance of the victim C's operation in door-si B, and opened a paper-to-face exchange box by inserting it into the right cresh of the paper of the paper-to-face of the paper-to-face of the paper-to-face exchange box by using the date-to-face, and removed approximately KRW 1,285,000 in cash owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the results of field identification;

1. Report on occurrence (thief) and application of Acts and subordinate statutes to each investigation report (No. 3 through 7 No. 5).

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The range of recommending punishment according to the sentencing criteria (the decision of types) for the larceny of general property: In the event that the factors to mitigate punishment are intruded into places, other than indoor residential spaces, not subject to punishment (the scope of recommending punishment): Imprisonment for not less than four months but not more than one year and not more than six months;

2. A favorable circumstance is that the Defendant’s decision on sentencing recognizes and reflects a crime, the fact that there is no particular criminal record except that sentenced to a fine due to traffic accident after becoming an adult, and that the victim has paid the amount higher than the amount of theft, and that the victim has agreed smoothly.

However, the Defendant committed a theft on a planned basis by Raber who was prepared for committing an offense, such as fraud, by wearing her mother and Make during the night hours and hiding her identity, and the amount of the theft is not significant. Although the Defendant was a minor’s death, the Defendant had been subject to juvenile protective disposition due to an offense, such as fraud, around 2010.

In addition, the sentencing conditions shown in the arguments and records of the case, such as the defendant's age, family relations, and the environment of the country, shall be determined as per the disposition.

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