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(영문) 대구지방법원 서부지원 2018.09.19 2018고단2165
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2016, the Defendant was sentenced to a fine of 300,000 won for larceny, etc. by the Daegu District Court, and completed the execution of the sentence in the Daegu Detention House on July 17, 2017.

On July 29, 2018, at around 05:21, the Defendant: (a) stolen goods in front of the E church in Seogu-gu, Daegu; (b) intruded the victim’s family living together through the door of the church building, and used one USB owned by the victim; (c) one urban/Gun hard disc; (d) one hard disc outside WD; and (e) one hard disc outside WD; and (e) one of the office work in the victim’s possession, the market price of which is equivalent to KRW 2,15,000, KRW 2,100,000, for which the victim’s family living in Seo-gu, Daegu-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of D and F;

1. Protocols of police seizure and list of seizure;

1. CCTV images of the E branch, CCTV images of the entrance road, and CCTV images;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

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

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the defendant commits the crime of this case at the same time during the period of repeated crime for the same crime, the defendant has a variety of records of punishment for the same crime, and the statutory penalty for the crime of this case only provides imprisonment, so it is impossible to choose another type of punishment, which is disadvantageous to the defendant.

On the other hand, the defendant's confession of the crime of this case and is divided, all the damaged articles have been returned, and the fact that the defendant seems to have reached the crime of this case in a state of economic difficulty in living in an poor environment, etc. are factors for sentencing favorable to the defendant.

In addition, this case, such as the defendant's age, sex, environment, motive and background of the crime, means and consequence, and circumstances after the crime.

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