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(영문) 대구지방법원 경주지원 2019.07.17 2019고단83
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, while working as an employee at the “D” restaurant operated by the victim C, who was in the racing-si, was dissatisfied with his/her wage. After the business operation of the said restaurant, the Defendant was willing to steal the victim C’s property by entering the said restaurant.

On November 29, 2018, at the above restaurant on November 23:16, 2018, the Defendant, after releasing the password of the entrance door locks, went into the restaurant, stolen it with a total of KRW 500,000,000 in cash owned by the victim E, and KRW 600,000,000 in cash owned by the victim C, who was in the account book receipt and disbursement.

Accordingly, the defendant invadedd a structure managed by the victims at night, and stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Probation Criminal Act recognized and reflects the Defendant’s crime, the amount of damage is relatively small, and the Defendant ought to support his/her married alone, taking full account of all the factors of sentencing indicated in the record, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, and circumstances after the commission of the crime.

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