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(영문) 대구지방법원 포항지원 2020.06.17 2020고단253
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On February 28, 2019, around 18:51, the Defendant intruded into the first floor of a pented building that was newly constructed adjacent to the “C” located adjacent to the Southern-gu, Nam-gu, Seoul-si, and subsequently stolen, the Defendant, at that point, had two shooting ladders owned by the victim D, whose total market value is equivalent to KRW 350,000,000, and electric wires equivalent to KRW 100,000,000,000,000.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Reporting on the occurrence of a theft accident, on-site photographs, images, photographs of the victim, photographs of the victim, data for calculating the time of sunset, and CCTV images;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] in general property [Special Convicted Persons] - Where intrusion into places, other than indoor residential spaces (the scope of recommendations and recommendations] - There is no person who has been punished by imprisonment with labor for up to 8 months [the grounds for suspension of execution] - There is no person who has been punished by imprisonment for up to 1 year and 6 months [the grounds for suspension of execution] - There is no damage recovery - General illegal grounds: criminal records of suspension of execution or more at least twice;

3. In addition to the sentencing factors and the scale of damage, the sentence of imprisonment with prison labor and the suspension of execution for a long time has been imposed on the thief crimes, and the other punishment force has a large amount, and the motive, means and result of the instant crime, the circumstances after the instant crime, the age of the Defendant, character, conduct and environment, etc., as indicated in the arguments and records, shall be taken into account.

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