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(영문) 대전지방법원 2020.03.26 2019고단4681
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 13, 2019, at around 02:47, the Defendant: (a) opened an entrance with any cresh in Daejeon Jung-gu, Daejeon-gu, Daejeon-gu, and intruded into the said game room, and then stolen the cash amounting to KRW 2,120,000, which was owned by the victim and was stored in the said room by using the key.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs and CCTV images;

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

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, was punished for larceny (700,000 won of fine) in 199, and was punished for two years of imprisonment with prison labor for larceny in 2016.

Nevertheless, the Defendant committed the instant crime of the same kind of money from November 8, 2018, when the period of the suspension of execution was too limited.

Although there is no doubt as to whether continuing punishment against such defendant is a clear master, it is likely that the defendant committed the crime of this case in a contingent manner without viewing the proper judgment of judgment, and it appears that the defendant committed the crime of this case, including the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., including the defendant's receipt of a letter of suspicion from the victim of this case, comprehensively takes into account all the conditions of sentencing, including the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and provide the defendant with an opportunity to reflect on the sound value of labor through social service for a certain period of time, and further provide the defendant with an opportunity to correct his/her existence

It is so decided as per Disposition for the above reasons.

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