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(영문) 대구지방법원 2018.11.16 2018고단3582
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. At night, on December 29, 2017, the Defendant: (a) opened a window that was not set up for the victim C to the D church house located in Daegu Northern-gu, Daegu Northern-gu; and (b) went into the inside, and stolen, with the amount of KRW 270,000 in cash and KRW 300,000 in a bank owned by the victim who was located in the cremation room in the inside of the said site; and (c) committed theft with the said amount of KRW 30,000 in cash

2. On July 8, 2018, the Defendant: (a) infringed on a structure; (b) opened a window of any sacriffic fact, which was not locked, and intruded into the said door, for instance, around 06:20 on July 8, 2018, the Defendant got 580,000 won from the wall in cash owned by the victim G located in the Western region.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the defendant;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of the case);

1. Relevant Article 330 of the Criminal Act concerning the crime, the choice of punishment (the point of larceny at night), Article 319 (1) of the Criminal Act (the point of intrusion into a structure, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act and the choice of imprisonment with prison labor);

1. Although the defendant committed the instant crime with the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, he/she committed the instant crime by intrusion upon another person’s structure or residence, even though he/she had been punished by two suspended executions and one fine, etc. for the same crime, he/she shall be punished by the penalty.

On the other hand, in consideration of the fact that the defendant reflects his mistake and the amount of damage is not much, it is decided as per the disposition.

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