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(영문) 대구지방법원 2015.12.23 2015고단5705
야간건조물침입절도
Text

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

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

Reasons

Punishment of the crime

1. On September 13, 2015, the Defendant: (a) around 19:41 on September 13, 2015, at the victim’s oil storage located in Seojin-ro, Young-gu, Young-gu, Young-do, 1721, and then invaded into the said warehouse building and the steel pents installed adjacent thereto, and stolen the oil by putting approximately 60 litres of approximately 72,000 litres of the market price owned by the victim in custody in three oil tanks of 20 liter capacity.

2. Around September 20, 2015, the Defendant stolen approximately KRW 60,00 liters via the market price equivalent to KRW 72,00,00, at the same place as Paragraph (1) in the same manner as Paragraph (1) on September 20, 2015.

3. Around September 26, 2015, the Defendant stolen approximately KRW 60 liters via the market price equivalent to KRW 72,000, which was owned by the victim corporation, in the same manner as Paragraph (1) at the same place as Paragraph (1) around September 18, 2015, in the same manner as Paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on internal investigation (including places of damage and pages of crime, etc. accompanied by photographic data), CCTV-cap photographic data;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Where he/she intrudes into a place, other than an indoor residential space (type 4) in the mitigated area (eight months to one year and six months) of Type 4 (Special Mitigation) for general property;

(b) Where he/she intrudes into places, other than indoor residential spaces (type 4) in the mitigated area (eight months to one year and six months) (special mitigation persons) of Type 4 (Type 8 to one year and six months) for general property;

C. Class 3 crime [Extent of Recommendation] The mitigated area (8-1-1-6 months) of the mitigated area (a person who has a special mitigation) of Type 4 (Crime of Larceny) for general property.

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