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(영문) 대구지방법원 2016.07.14 2016고단1705
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2015, the Defendant intruded into the third floor of the above building through the entrance of the entrance that was not corrected for the first time in C High School D, which was located in C High School B, Gyeongbuk-gun, around 23:00 on September 4, 2015, and had a white string of 200,000 won at the market price of the victim E-owned in the new entrance, and a yellow string of 90,000 won at the market price of the victim F.

In addition, during the period from around that time to October 31, 2015, the Defendant stolen the victims' physicalization, etc. five times in total, as described in the list of crimes in the attached Form.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, H, E, I, J, and F;

1. Each written statement of J, H, I, and E;

1. Application of seizure records and statutes concerning the list of seizure;

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. Scope of the recommended punishment according to the sentencing guidelines - The scope of the punishment [the scope of the recommended punishment] - The mitigated area of the crimes No. 1 [the scope of the punishment [the person who has been specially mitigated] - the mitigated area of the mitigated area of the crimes No. 4 (the scope of the punishment] - the mitigated area of the mitigated area of the crimes No. 2 [ the scope of the punishment] - the mitigated area of the mitigated area of the crimes No. 4 (the Special mitigated area of August to January 6), [the scope of the punishment] - the mitigated area of the mitigated area of the crimes No. 3 [the scope of the punishment] - the mitigated area of the mitigated area of the crimes of Type No. 4 (the Special mitigated area of August to June 6) [the scope of the punishment] of the mitigated area of the mitigated area of the general property (the final sentencing due to the aggravated majority of the punished persons] : August to February 2.

2. Although the Defendant had the record of having been sentenced to suspension of indictment on May 2015 for the same kind of crime, the crime of this case was committed at the same time, it is not good, the amount of damage is small, the victims have recovered most of the damaged articles, and the victims do not wish to punish the Defendant, and the Defendant is economical.

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