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(영문) 대구지방법원 2016.11.04 2016고단4305
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On August 21, 2016, around 21:20, the Defendant intruded through a back door that was not locked at the agricultural product exhibition and sale place, which is a structure managed by the victim C in Busan Metropolitan City B, and cited 6 canns and beers equivalent to 8,700 won in total at the market price of the victim.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of each written statement, field photograph, investigation report (related to CCTV images installed in a store) or video-related Acts and subordinate statutes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (which shall be considered as favorable sentencing conditions among the reasons for sentencing) [the scope of punishment under law] 1 to 10 years [the determination of a sentence] - Where a person has intruded into a place, other than an indoor residential space (type 4] in general property - [the scope of recommendation area] 4 to 1 year and 6 months [the scope of recommendation area] - Major reasons for sentencing - Major reasons for sentencing (whether suspended sentence is suspended for not more than five years, or a fine not less than three times): positive damages (including efforts to recover from personal damage or recover damage) - General reasons for sentencing [the decision of a sentence] positive damages / [the decision of a minor] that the victim has been sentenced to punishment for attempted larceny in consideration of his/her age in the Daegu District Court on September 22, 2011, including economic conditions and conditions favorable to the defendant, but is minor that the victim has been sentenced to punishment for attempted larceny in six months and other things favorable to the defendant.

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