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(영문) 대구지방법원 2016.05.10 2016고단564
야간건조물침입절도
Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On November 20, 2015, around 20:30 on November 20, 2015, the Defendant: (a) opened a stack and intruded into a stack by an indeterminate-gu, Daegu-gu, Daegu-gu; and (b) cut off a computer monitoring market value equivalent to KRW 50,000,000.

2. On November 25, 2015, the Defendant: (a) opened a brush brush and intruded into the brush in the place under the foregoing paragraph 1. On November 25, 2015; (b) opened a brush and intruded into the brush; and (c) maintained an amount equivalent to KRW 5,000 in the market price of the cable line at

3. On November 29, 2015, at around 22:00, the Defendant opened a door of a corrective stack and intruded into the door, and then cut off the door with a total of KRW 100,000,000,000 in the market price, such as one computer monitor, one rain acid, and a video card.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the general property larceny range (the scope of the recommended punishment] and the special mitigation area (the special mitigation area between April and one year and six months) / (the special mitigation person) in any place other than indoor residential space (the four types), and no penalty surcharge shall be imposed;

2. Taking into account circumstances - radius, the victim’s failure to punish the victim, the full return of the damaged materials, the delay of the brain 3rd degree, the absence of criminal punishment other than a fine for a single time - Other various sentencing conditions specified in the records of the instant case, including the Defendant’s age, sex, state of health, home environment, motive, means, consequence, and circumstances after the commission of the crime.

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