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(영문) 대구지방법원 안동지원 2019.09.03 2019고단400
절도등
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. On June 1, 2017, the Defendant: (a) was in a vinyl owned by the victim C, the victim C, who was permanently in his/her permanent residence on June 1, 2017, and opened an entrance with no locking device, and had a coffee mixing equivalent to 25,000 won at the market price, which was owned by the victim.

In addition, from around that time to after July 2018, the Defendant stolen goods worth 53,00 won in total from four victims during seven times, such as the list of crimes in the attached Table.

2. On June 9, 2019, the Defendant: (a) was a vinyl owned by the victim C, a permanent resident C, at night, around 21:48 on June 21, 2019; and (b) opened a door where the victim’s surveillance is not equipped with a locking device; and (c) opened the door where the victim’s surveillance was not installed; and (d) had a coffee mixing equivalent to 25,000 won at the market price, which is owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, D, E, F, G, and H;

1. Application of seizure records and Acts and subordinate statutes to each investigation report;

1. A theft of relevant legal provisions concerning facts constituting an offense: Article 329 of the Criminal Act; At night, night buildings and intrusion thefts; Article 330 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. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the defendant intrudes on another person's structure for a long time, thus causing the victims to feel uneasiness, etc., and thus, his/her liability is not minor;

However, the defendant recognized his mistake and reflects his depth, and the past punishment history is very long, and the amount of damage caused by the theft of this case itself is not significant, and the age, character and conduct, family environment, relationship to victims, motive and means of the crime.

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