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(영문) 대전지방법원 2016.06.10 2016고단946
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Larceny of intrusion on night buildings;

A. On January 10, 2016, the Defendant opened an entrance in which the “E” restaurant operated by Daejeon-gu C and the victim D was not corrected on January 10, 2016, and intruded into the entrance, and collected KRW 293,000 in cash owned by the victim who was in custody of the entrance.

L. A. L. theft was committed.

B. On January 26, 2016, the Defendant at around 23:30,000 won in cash owned by the victim, who was in custody in the knifeter, after breaking a glass window with stone attached to the above “E” restaurant, cancelled the locking system of the entrance, and intruded into the knife with the entrance.

L. A. L. theft was committed.

2. On January 21, 2016, the Defendant attempted to larceny a structure at night, and around 03:10, around the above “E” restaurant, the Defendant obstructed the building through the second floor window, and colors the surrounding area of the camera in order to steals the object. However, the Defendant did not find a stolen object, and did not commit an attempted crime.

3. On February 9, 2016, at around 03:00, the Defendant: (a) stolen the Victim H, who was located in the stairs of “G health clubs” located on the sixth floor of the F Building in Daejeon Tae-gu Seoul Special Metropolitan City, with an unbruptive 1 emergency vehicle, in the market price managed by the Victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the Acts and subordinate statutes written in D and H;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief by intrusion upon a structure at night), 342, 330 (a thief by intrusion upon a structure at night) of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) of the choice of punishment for the crime;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in night structures intrusion larceny around January 26, 2016, with the largest punishment, nature of crimes, and circumstances);

1. A crime of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence (the scope of recommendations / [the scope of punishment] for general property 4 types (in case of intrusion larceny), the special mitigation area (from April 1 to June) / (in case of intrusion upon a person with a special mitigation / (in case of a person with a special mitigation /), the scope of final sentence due to the aggravation of punishment for multiple non-principal offenders:

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