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(영문) 대구지방법원 서부지원 2013.03.19 2012고단334
야간건조물침입절도등
Text

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

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Intrusion a structure;

A. On December 14, 2011, the Defendant discovered the key in the instant post No. 201 in the 1st floor of the Dolle-gu, Daegu-gu, Daegu-gu, at around 22:00 on December 14, 201, and opened a entrance by using the key and entered the Dolle-201.

Accordingly, the defendant invadedd the victim's structure.

B. On December 17, 2011, the Defendant: (a) around 07:00 on December 17, 201, the Defendant opened an entrance by the said method and entered said Dogra 201.

Accordingly, the defendant invadedd the victim's structure.

2. At night, the Defendant: (a) invadedd the aforementioned Dogra 201, and attempted to sleep, as set forth in the above Dogra 201; (b) brought the Dogra in a nearby place; and (c) stolen the Dogra, etc., and brought about a theft.

On December 14, 2011, the Defendant entered the 1st floor door of Daegu-gu E, Daegu-gu, and entered the 23:00 on December 14, 2011, and came up to the 5,000 won of the market price of the victim's name unclaimed box, which was owned by the victim's name and unclaimed box, was owned by the third floor of the building as soon as possible, and came up to the third floor stairs of the building, the Defendant had a 1 dynaf dynaf dynaf dynaf dynaf dynaf dynaf dynaf dynaf equivalent to 30,00 won of the market price, 5,000 won of the market price, and 5,000 won of the market price.

Accordingly, the defendant stolen the victims' property by intrusion upon the victims' structures at night.

Summary of Evidence

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement of each police statement related to C and F;

1. Seizure records;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Entry into each structure: Article 319(1) of the Criminal Act, the choice of imprisonment;

(b) At night buildings: Article 330 of the Criminal Act; and

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

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