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(영문) 대전지방법원 공주지원 2016.01.05 2015고단390
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2015, the Defendant, around 03:00 on August 11, 2015, at the F cafeteria operated by the victim E, the Defendant intruded into the restaurant through an unlocked window, and cited a yellow fest of KRW 40,000 in the market price of KRW 50,000,000 in cash, such as paper waste and franchis, on the water purifier.

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

around 00:00 to 01:00 on September 30, 2015, the Defendant: (a) opened a toilet window that was not corrected at the house of the Victim H (34:00 to 01:00 on September 30, 2015; and (b) intruded into the house; and (c) cut off two copies of the original cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover cover at the time of the victim’s death; and (d) cut down to September 30, 2015.

Summary of Evidence

"2015 Highest 390"

1. Statement by the defendant in court;

1. E statements;

1. On-site photographs and a description of photographs (referring to all moving routes);

1. Domestic investigation reports, investigation reports (in relation to the verification of CCTV around a suspect's escape, etc.), and investigation reports "2015 Highest 459";

1. Statement by the defendant in court;

1. Statement made by H;

1. Each written statement of I, J, K and C;

1. On-site photographs and photographs of seizure sites;

1. A report on the results of field identification, and fingerprint confirmation and appraisal of the theft case;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account circumstances favorable to the defendant during the period of sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The first crime subject to the application of the sentencing criteria (the recommended sentence).

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