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(영문) 대구지방법원 2017.10.26 2017고단2935
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:30 on January 6, 2017, the Defendant, “2017 Godan 2935, 2935,” coming to front of the vinyl, which is a building managed by B victim C at Busan Metropolitan City, and went to the string door locking system of the string door.

After that, the victim's market value stored in that place brought about the total amount of KRW 1,280,00,000 (50m), the market value of which is equivalent to KRW 200,000,00, the total amount of KRW 1,280,000,00, such as one straw of vinyl for vinyl 200,000, the market value of which is equivalent to KRW 700,000,000, and one straw of CCTV 250,000.

As above, the Defendant invaded upon another person’s structure at night and stolen property.

around 01:47 on July 2, 2017, the Defendant cut off the victim F, who was located there, in front of the cafeteria M, by means of moving 5 out of 200,000,000 won of the market price owned by the victim F, which was located there, to G freight truck.

Summary of Evidence

"2017 Highest 2935"

1. Statement by the defendant in court;

1. C’s statement;

1. Each investigation report (CCTV verification, and inquiry into suspect-run Vehicles) 2017 Height 3731;

1. Statement by the defendant in court;

1. A written statement;

1. Application of each investigation report (Evidence List 3, 4, 5, 6, 7, 8, and 10), and the detailed statement of the following inquiry (Evidence List 3, 4, 5, 6, 7, 8, and 10);

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 Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines set forth in the first type of crime [the scope of the recommended punishment] for general property [the scope of the punishment] and the mitigated area of the second type of crime (the general larceny between April and October) for the special mitigation area (the special mitigation person] / (the special mitigation person / the indoor residential space) for the intrusion outside the indoor residential space, and the second type of crime not punishable for the punishment [the scope of the recommended punishment] for the general property (the scope of the punishment from April to October).

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