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(영문) 대구지방법원 2021.02.03 2020고단3465
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, “2020 Highest 3465,” operated by the Victim B (hereinafter “instant painting”), is a person who served as a Taekwondo criminal, and on April 15, 2020, the instant painting located in Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, the Defendant opened and intrudes the entrance where the victim was set up and intrudes the key to be put in the front door of the flat door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door room equivalent to 1.3 million won at the market price in the lecture room.

L. A. L. theft was committed.

As between December 16, 2019 and December 21, 2019, the Defendant: (a) opened a door of the Gamburan XD car owned by the victim F, which is parked in the location, and stolen it by holding a diversh XD car in the market price in the vehicle.

Summary of Evidence

1. The defendant's statement in the court (2020 highest 3465);

1. The seizure protocol of each police in the police statement protocol with respect to B, and the seizure title 1, 2, and 4;

1. Photographs: Each “CCTV images to be cut,” “on the scene of crime, etc.,” and “Seizures, etc.,” each “20 upper group 3928”;

1. Written statements of the F;

1. Application of the statutes on the scene of crime and the photograph of the damaged vehicle;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (the occupation of theft of a structure at night), 329 (the occupation of theft and the choice of imprisonment with prison labor) and 329 (the occupation of theft) of the Criminal Act;

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 suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act (Article 62-2 of the Act on the observation of protection and observation is to be returned to the victim B because it is a stolen object because subparagraph 2 of the above Article 48(1) of the Criminal Act (one direct electric source device) is a stolen object. However, it is deemed to have no commercial value because it is an worn-out type that is not currently sold, and thus, it is deemed that there is no commercial value. On the other hand, subparagraph 4 of the above Article (Article 4 of a white smartphone 1) cannot be forfeited because it is difficult to view it as “goods provided for a

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the theft of intrusion on a structure at night);

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