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(영문) 대전지방법원 천안지원 2019.05.09 2018고단902
야간건조물침입절도
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On December 28, 2017, at around 00:30, the Defendant opened a d hospital operated by the victim C in Asan City B, and entered the building. On the end of the business hours, the Defendant cited 20 vinyls containing 1 line and 5,000 won of the market price of the victim owned by the victim in the 1st floor receiving unit of the first floor by using the gaps without hospital-related parties.

At around 01:20 on the same day, the defendant entered a hospital and 30,000 won of the market value of the victim's possession in the first floor of the 1st floor of the 1st floor of the defendant, with six Korean herb drugs equivalent to 30,000 won of the market value.

At around 01:25 on the same day, the Defendant re-entered into a D hospital and 12,000 won at the market price, which is the victim's possession in a E-ho room.

At around 02:00 on the same day, the Defendant entered a bedclothes room of the first floor of the D Hospital, carried out a 20,000 slicker, which was owned by the victim, and continued to have a 3rd floor up with a 20,000 slicker and had a 20,000 won at the market price, which was owned by the victim.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of the G victim;

1. On-site photographs;

1. Application of statutes to photographs of fieldCCTV image materials;

1. Article 330 of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief [No. 4] Intrusion (special salvists] thief (special salvists): Reduction elements: Living-type crimes [recommended area and recommendation range] mitigated range, imprisonment with prison labor for August 1 and June;

2. Determination of sentence of punishment, taking into account the fact that the amount of damage is not large.

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