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(영문) 대구지방법원 김천지원 2018.09.12 2018고단711
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. At night, the Defendant: (a) around 00:09 on May 22, 2018, 2018; (b) around Kimcheon-si C; and (c) around E gas station operated by the victim D, the Defendant: (a) invaded on the part of staff members in the main abandoned area; and (b) stolen the knife by opening the knife and 400,000 won in cash in that area.

2. On May 26, 2018, the Defendant attempted to larceny at night buildings upon the gas stations listed in paragraph (1) around 01:20, and then intruded into the gas stations for employees who are located adjacent to the main abandoned and attempted to open the snife with the snife with the snife with the snife with the snife with the snife with the snife with the snife, but the snife with the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each photograph, each closure photograph, and the Acts and subordinate statutes governing drupture photographs;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2(1) of the Criminal Act on the observation of protection and Article 62-2(1) of the Criminal Act [Type] 4 (Special Rape) (In the event that he/she intrudes into places, other than indoor residential spaces, the mitigated elements: The non-permanent mitigation area of punishment [the scope of the recommended punishment] Special Reduction Area [the scope of the recommended punishment] from April to January 1st [the main reasons for suspended execution]: Non-permanent mitigation (affirmative) - No person who has no previous conviction or heavier for general consideration (affirmative) (the punishment and recommendation type): Statutory punishment punishment for the period from January to October 10 and the comparison of recommended punishment for the period from April 1 to June 6 (the period from April 1 to June 2);

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