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(영문) 대구지방법원 2018.01.16 2017고단7045
야간건조물침입절도등
Text

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

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

Reasons

Punishment of the crime

While the Defendant was dismissed from the company and was living in the company, he had the mind to steal the boxes containing food, among home appliances delivered to the convenience store.

1. On November 22, 2017, around 14:50, the Defendant intruded into the C convenience store located in the Gyeongdong-gun, Chungcheongnamdong-gun, and stolen the victim’s property by intrusioning the victim’s property on the convenience store at a total of five occasions from around that time to December 4, 2017, including that the victim D had a box of 25,00 won at the market price owned by the victim D, which was kept in his/her custody.

2. On December 4, 2017, the Defendant: (a) intruded into the F convenience store in the Gyeongdong-gun E around 18:50 on December 4, 2017, with a view to stealinging goods from home delivery; and (b) carried two boxes with a view to KRW 30,000,000 in the market price owned by the victim G that was kept in custody.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, I, J, and K;

1. Live petition;

1. Police seizure records;

1. Photographs, ctv screen pictures, on-site photographs;

1. Application of Acts and subordinate statutes to a criminal investigation report (the analysis of CCTV at the scene of a crime and the laying of a suspect's appearance), each report on internal investigation (the attachment of photographs, and the investigation of

1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), Article 319 (1) of the Criminal Act (a thief by intrusion on a structure and choice of imprisonment) concerning criminal facts;

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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, Article 62(1) 1, 2, and 3 of the Criminal Act / [the scope of recommendation / [the scope of punishment ] 4 types of theft in general property (in four months or one year or six months) / [the special mitigated / Where a person has intruded into a living type, or a place other than an indoor residential space, the final sentence scope due to multiple aggravated crimes: April to two years [the decision of sentence]. The defendant has convenience points in a short period.

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