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(영문) 대구지방법원 2017.04.25 2017고단1587
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On March 12, 2017, at night, the Defendant: (a) intruded a 'D cafeteria’ located in Busan Metropolitan City around 03:00 on March 12, 2017; and (b) intruded into a 'D cafeteria’; and (c) 200,000 won in cash owned by the victim E, which is kept in the safe of the depository, was stolen.

2. On March 16, 2017, the Defendant attempted to larceny a structure at night (i.e., theft) around 04:00, and (ii) invaded by the method prescribed in paragraph (1) in order to steal cash, and attempted to steal cash owned by the said victim in a depository. However, the Defendant did not commit an attempted crime on the wind that does not discover the keys of a depository.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. On-site photographs, investigation reports (related to the attachment of CCTV photographs on the date of the case of the suspect) - the application of the Acts and subordinate statutes to photograph photographs;

1. Relevant legal provisions concerning criminal facts and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 342 of the Criminal Act, and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant was sentenced by the Daegu District Court on May 12, 2016 to 9 months of the suspended sentence; and (b) on May 20, 2016, the Defendant was sentenced to 9 months of the suspended sentence; and (c) the judgment became final and conclusive on May 20, 2016; (d) in addition, it is inevitable to sentence

However, the sentencing conditions, such as the defendant's age, sex, family relationship, record of this case, circumstance of this case, and the following progress, shall be determined by comprehensively considering the fact that the defendant recognized the crime and reflects, the living penalty, the amount of damage is not large, the amount of damage, and the suspended sentence should be imposed after this judgment becomes final and conclusive, and the sentence like the order shall be imposed.

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