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(영문) 대구지방법원 2016.07.15 2016고단1789
야간건조물침입절도등
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 1789] On March 14, 2016, the Defendant came into a “D cafeteria” building located in Daegu Dong-gu, Daegu-gu, Daegu-gu, and then intruded into the main restaurant through the cafeteria, and then stolen the Defendant’s property equivalent to KRW 10,100,000 in total of market prices, including 10,000,000,000 won for cash owned by the victim E, who was placed on the top of the said place, and 3 pairs of both parties, 2 gold-gu, 6, gold-gu, 6, and 11 gold-gu, with 28 precious metal.

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

[2016 Highest 2359] On April 22, 2016, the Defendant, at the “H Mart” of the victim G management in Daegu Dong-gu, Daegu-gu, Daegu-gu, (hereinafter “Seoul-gu,”) took advantage of the difference in the location of his employee, opened a payment period for cash withdrawal in the inside and outside of the calculation unit, and stolen the amount of KRW 70,000 in cash.

Summary of Evidence

[2016 Highest 1789]

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement in the police statement protocol against E;

1. On-site identification reports, records of seizure and list of seizure, time spent January 1, 201 in Daegu area, investigation reports (with respect to the calculation of the amount of damage, specified goods and the amount of damage), inquiries into currency details, and descriptions of each written statement;

1. Each image of a photograph of a CCTV screen and the result of correction of images, a copy of a damaged material purchase paper, and a photograph of a shop which disposes of precious metals (2016 studio 2359);

1. Statement by the defendant in court;

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

1. Application of the respective Acts and subordinate statutes to written statements, internal investigation reports (on-site reports), internal investigation reports (CCTV investigations), investigation reports (in relation to the investigation of calculation of the amount of damage inflicted on the victim), or video reports;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

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 Code of the Suspension of Execution (the following sentencing grounds)

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