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(영문) 대전지방법원 2015.07.22 2015고단1771
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 22, 2011, the defendant was sentenced to imprisonment with prison labor for night building intrusion larceny at the Gwangju District Court on March 2, 201, and the same criminal records are six times more.

On March 9, 2015, at around 05:30, the Defendant: (a) was at the “E” restaurant of the victim D’s operation of Daejeon Seo-gu Daejeon-gu, Daejeon-gu, the Defendant destroyed the entrance locker, opened a entrance, and opened a door, and opened a door, and cited a cash amount of KRW 40,000 for the victim’s own possession, such as 50,000.

Accordingly, the Defendant, at night, stolen the property of the victim by damaging the door and other structures and by impairing the structure.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site photographs;

1. Requests for appraisal;

1. A report on investigation (re-verification of the amount of damage);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act; the reason reflectiveness of sentencing; the living type and the extent of damage; the fact that a planned crime has not been significantly damaged; the unrepared circumstances of damage; the majority of the same kind of criminal method (four times of actual punishment, one time of suspended execution); the scope of recommended sentences on the sentencing guidelines [the extent of recommended sentences [the mitigated type of larceny for general property: August - January - January - January 1: In case of intrusion on a structure at night, special mitigation: In case of intrusion on a structure other than an indoor residential space: In case of intrusion on a place other than an indoor residential space]; the defendant’s age, character and conduct; and environment; etc., the sentence shall be determined as per the order, comprehensively taking into account all the factors of sentencing indicated in the

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