(영문) 대구지방법원 2016.12.15 2016고단4023

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자간(%)

(영문) 대구지방법원 2016.12.15 2016고단4023

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 30, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint assault) in the Daegu District Court Kimcheon Branch on January 30, 2013, and completed the execution of the sentence in the first prison of North Korea, North Korea on January 18, 2014.

On June 26, 2016, around 00:30 on June 26, 2016, the Defendant intruded into the Kafe in front of the operation of the victim D in Daegu-gu, Daegu-gu, and then opened the Kafe on the Kafe, and opened the Kafe with the Gafe’s money receipt and disbursement equipment located in the Kafe, and stolen the amount equivalent to KRW 1,00,000 in cash owned by

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the results of field inspections;

1. Confirmation of identity of the thief;

1. A report on investigation (related to photographing photographs of the scene and photographing of the suspect on the scene of the crime);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the last day of execution of punishment);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : The reason for the sentencing of Article 35 of the Criminal Act : (a) the special mitigation area (4 to 1.6 months) for general property : (b) the special mitigation area (4 to 1.6 months) (a special mitigation person) ; (c) the circumstances unfavorable to the indoor residential space (4) ; (d) the Defendant has several criminal records of the same kind; and (e) the instant crime was committed during the period of the repeated crime of this paper.

A favorable normal situation: The defendant is against the defendant, and the family members of the defendant also want to guide the defendant.

The defendant agreed with the victim.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제35조

-형법 제330조

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