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(영문) 대구지방법원 안동지원 2014.09.19 2014고단534
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

The evidence of No. 144 of the pressure of 2014 shall be raised by one Daegu District Prosecutors' Office.

Reasons

Punishment of the crime

[2014 Highest 534] On June 3, 2014, the Defendant intruded into a cafeteria cafeteria at Andong-si, A and stolen the Defendant’s bicycle E owned by the victim E, who was installed in the cafeteria cafeteria.

[2014 Highest 649]

1. On July 28, 2014, the Defendant: (a) fell into “H” managed by the victim G located in Ansan-si F around the night; (b) cut the door locked, which was in possession of the entrance locked, and then intruded into the door locked; (c) went to the victim’s market price, which was in possession of the victim, one water knife, and one knife.

Accordingly, the defendant intruded on the structure managed by others, and stolen another's property.

2. On August 2, 2014, at night, the Defendant: (a) 02:00, went into the “H” as described in paragraph (1); (b) destroyed and damaged the locks and intruded into the entrance and exit of the Defendant; and (c) 7,000 won in total at the market price owned by the victim G; (d) 18-type fishing tackles, such as the 2,725,00 won in total, 7, and 4,000 fishing lines.

Accordingly, the defendant invadedd the building managed by others at night, and stolen the property.

Summary of Evidence

[2014 Highest 534]

1. Defendant's legal statement;

1. Statement made by the police to E [2014 order649];

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 319 (1) of the Criminal Act, which provides applicable legal provisions concerning facts constituting an offense, and each of the choice of punishment;

1. Of concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] is the case where the basic area (one to two years and six months) (special mitigation) (one to two years and six months) of general property intrudes into places other than indoor residential space (the four types), or where the person carries a deadly weapon.

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