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Reasons
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(영문) 대전지방법원 2019.10.17 2019고단1211
절도등
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The attached Form 1 to 5 of the List of Offenses Nos. 1 to 5 in the judgment of the defendant shall be sentenced to imprisonment for one month.

Reasons

Punishment of the crime

[criminal power] On October 19, 2016, the Defendant was sentenced to one year and six months of imprisonment for larceny, etc. at the Daejeon District Court on October 27, 2016, and the judgment became final and conclusive on October 27, 2016, and paroled on February 28, 2018 during the execution of the sentence, and the parole period expired on May 2, 2018.

【Criminal Facts】

From January 29, 2015 to January 12:30, 2015, the Defendant: (a) at the “E” of the victim D’s operation in Daejeon Dong-gu, Daejeon-gu, the Defendant: (b) destroyed the entrance glass using the entrance cresh; (c) 30 pieces of tobacco equivalent to KRW 1,350,000 of the market price, which is the victim’s possession, 92,000 of the market price; and (d) stolen property of KRW 1,442,00 of the total amount of KRW 1,40,000 of the market price.

In addition, from around that time to January 14, 2019, the Defendant invadedd a structure at least nine times, as indicated in the list of offenses, and attempted to steals the victim’s property or the victim’s property, but did not commit an attempted crime since there was no stolen object.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement prepared by D, F, G, H, I, B, J, K and L;

1. On-site identification reports, investigation reports (Evidence Nos. 9), reports on occurrence (Larceny No. 10), requests for genetic analysis, each request for appraisal, reports on internal investigation (Evidence No. 15, 23), reports on field identification;

1. Before the judgment: The previous conviction and the result of confirmation (Evidence Nos. 38), and the defendant's defense counsel in the status of acceptance of each individual asserts that there is no reinforced evidence as to the confession of the defendant in relation to the crime set forth in Attached Table Nos. 3, 4, 7, 8, and 9.

However, the statements of the victims mentioned in the above order are reinforced evidence by itself, and the remaining macroscopic evidence is not sufficient to recognize the whole or essential part of the crime.

Even if the confession of the defendant is not processed, the confession of the defendant.

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