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(영문) 대구지방법원 김천지원 2018.10.10 2018고단855
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 29, 2018, the Defendant infringed on a structure: (a) opened an entrance that was not corrected with the intent to steals property; and (b) entered the place distribution to the E church managed by the victim D in Daegu Northern-gu, Daegu Northern-gu; (c) on the same date and time as indicated in paragraph (1), and at the same place, the thief Defendant invadedd on the E church distribution; and (d) cut off with four unconstitutional bags containing KRW 200,000 in cash.

3. On March 29, 2018, the Defendant: (a) around 19:43, at night; (b) around 19:43, the victim G in the Daegu Suwon-gu F, opened the corrected entrance in several times at the H church managed by the victim G; (c) opened it by force several times in hand; and (d) opened it by force; and (c) cut off the unconstitutional gold bag in which 1.50,00 won in cash is located; and (d) cut off with two unconstitutional gold bags in which 1.50,000 won in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. A written statement of G and D;

1. Application of reports, on-site photographs, and respective Acts and subordinate statutes to each on-site identification;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Intrusion on buildings: Article 319(1) of the Criminal Act, and the choice of imprisonment;

(b) Larceny: Article 329 of the Criminal Act, the selection of punishment by imprisonment;

(c) Night-time theft: Article 330 of the Criminal Act;

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Measures to mitigate types 4 (Special Sentencing) (person who is in charge of larceny) (Special Sentencing): In the event of intrusion on a structure and intrusion on a general property outside the residential space, in the event of intrusion into a place other than the living penalty or indoor residential space, the non-permanent area of the punishment [decision on the area of recommendation] [the scope of the recommended punishment] from April to June;

2. As above, theft of intrusion upon a structure at night is as follows: 3. Aggravation of punishment and recommended concurrent crimes (aggravated increase of punishment of the most serious crime) and the result of mitigation:

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