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(영문) 대구지방법원 포항지원 2020.01.09 2019고단802
야간건조물침입절도
Text

The punishment of the accused shall be four months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2019, the Defendant used the fact that the Defendant was working in the “D” restaurant for the victim C’s operation in North Korea-gu, North Korea-gu, as an employee, and had a key to the entrance near the entrance, which was known to the Defendant. At night, the Defendant had cash in the said restaurant at night.

1. On March 24, 2019, the Defendant: (a) around 03:40 on March 24, 2019, at the above restaurant, opened an entrance with the key set up in front of the entrance and opened the entrance; and (b) held KRW 10,00,000, the victim in the Car Round, and KRW 3 and KRW 270,000 in cash.

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

2. Around March 27, 2019, the Defendant invadedd the places described in the above paragraph (1) at around 00:27, March 27, 2019, by the foregoing method, and thereafter, the Defendant carried out KRW 10,000,000 in cash, the victim in the Kabter Islands, with KRW 3 and KRW 570,00 in cash.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of each statute on photographs;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

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

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

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

(a) Class 1 crime (at night, determination of types) thief [No. 4] thief [Special Convictf] thief] thief (special stief] thief] thief in general property: In cases of intrusion upon places other than indoor residential space, no penalty shall be imposed [the area of recommendation and the scope of recommended punishment] , and April through June;

(b) Class 2 thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

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