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(영문) 대구지방법원 포항지원 2017.07.19 2017고단507
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 14, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence on April 18, 2016.

From September 2016, the Defendant livedd with the office of pro-Japanese, and became aware of the location of emergency keys of the office by visiting several times to the office of “E” located in the north-gu, Northern-gu, Ma, where he had worked with C.

On November 27, 2016, the Defendant found at the above “E” office operated by the Victim F, and opened a corrected entrance, and intruded up to the president’s room, the Defendant dumpedddddddddddddddddded and stolen the swine fump with approximately KRW 130,000 in cash owned by the victim below the depositor.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. A written statement;

1. Investigation report (related to the E employee G Statements, a damaged office);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a written verdict on criminal records of the suspect and a written confirmation on the current status of confinement);

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] The reason for the sentencing of Article 35 of the Criminal Act for general property [Article 35] When the area of special mitigation [Article 4 (Crime 4-1-6] [Special Mitigation] crime for living], and intrudes into places other than indoor residential space (Type 4] [Determination of sentence] under the following circumstances, and other various sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., such as the circumstances after the crime, shall be determined as the sentence as ordered.

The favorable circumstances: the fact that the amount of damage is minor, the fact that it is a crime of living, the confession, and reflects on the crime: The fact that the crime is committed during the period of repeated crime (the fraud).

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