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(영문) 대구지방법원 김천지원 2016.10.13 2016고단1265
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 4, 2016, around 03:57, the Defendant discovered at the end of the “E” for the victim’s operation “E” in the Gumi-si, Gumi-si, the victim-owned market value of KRW 300,000, and integrated the two with a neck line prepared in advance, and then stolen the cargo loaded on the truck owned by the Defendant.

In addition, from around that time to August 15, 2016, the Defendant stolen a total of KRW 2,90,000,000 from the market price owned by the victims, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of H, D, I, J, K, L, and M;

1. Police seizure records;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (in relation to the attachment of seized objects, CCTV photographs, and CCTV photographs taken from the scene of crime);

1. Relevant provisions of the Criminal Act and Articles 330 and 329 of the Criminal Act concerning facts constituting an offense, and Articles 330 and 329 of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria;

(a) Class IV (Special Conviction) mitigation element for larceny in general property: Imprisonment with prison labor for a crime of living, or intrusion upon places, other than indoor residential space (the scope of recommending punishment) for a crime of living, or for a crime of intrusion into general property from April to June;

(b) Type II (General thief) mitigated element for general property (special thief) mitigated element: Offenses of living style [the scope of recommending punishment] from April to October (the area of mitigation)

(c) imprisonment with prison labor for the range of final recommendations from April to June 10.

3. The Defendant had already been punished for the same kind of crime and was sentenced to imprisonment with prison labor several times.

Among them, a person steals a dog as in the instant case.

Nevertheless, repeated crime.

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