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(영문) 대구지방법원 서부지원 2019.09.10 2018고단3469
야간건조물침입절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Since the Defendant worked as an employee from September 2018 to September 2, 2018 in Daegu-gu, which was operated by the victim B, the Defendant was aware of the fact that the store was placed in the door box after the completion of the store business, and was able to steal a bread by intrusioning inside to the fact that the key was put in the door box.

On November 18, 2018, at around 23:42, the Defendant: (a) opened a door door to put the keys in the mail box box in the instant D, and installed the closure security device; (b) intruded inside the door; and (c) cut off the two by using 15 breabs equivalent to the market value of KRW 4,500, the market value of which is at least 62,300, the Defendant displayed at the store, and three f2,300, in total, of the market value of the victim’s ownership, including the 62,300,000 breabbbs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The phrase “V victim” stated in the column 9 “net No. 9” in the evidence list is a clerical error of “victim,” and thus corrected in the investigation report (a receipt attached), investigation report (CCTV video attachment) [part correction of the evidence list].

Application of Statutes

1. Article 330 of the Criminal Act applicable to the crime (applicable only to the punishment by law);

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act of the suspended sentence (the suspended sentence shall be imposed by taking into account all the circumstances, including the following: (a) the Defendant’s acknowledgement of his mistake, the fact that the Defendant does not repeat the crime, the first offender who does not have any criminal power; (b) the degree of damage is very minor; and (c) the details of the crime, the method of taking the crime, the degree of the crime; (d) the circumstances after the crime; and (e) the prosecutor’s life (ten months of imprisonment);

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