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(영문) 대구지방법원 2018.11.29 2018고단2379
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 28, 2017, around 19:30 on September 28, 2017, the Defendant: (a) got out of a newly-built house of the victim C located in Yangsan-si, and went out to the house to use a crepit of surveillance negligence; and (b) 200,000 won in the market price of the victim’s possession, where the victim was scambling, carried in the cargo loaded by the Defendant.

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

2. On November 2017, 2017, the Defendant: (a) while carrying a toilet repair plant in E plant located in Yangsan-si, Yangsan-si; (b) carried the 100,000 won at the victim F-owned market price; (c) loaded the Defendant’s cargo loaded the Defendant’s cargo onto the train.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement of the police statement related to G;

1. Each statement of H and G;

1. Seizure records;

1. On-site photographs, on-site photographs, and images of suspension of CCTV;

1. Investigation Report - Analysis ofCCTV Images and the application of the attachment legislation;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Despite the fact that there was a record of being punished for the crime of larceny for the reason of sentencing under Article 333(1) of the Return Criminal Procedure Act, there is no other person, and theft of another person’s actual contact, electric wires, etc. at the construction site and the liability for the crime is not easy.

However, the extent of damage shall be determined as the same as the order in consideration of the age, sex, environment, circumstances before and after the crime, etc. of multiple defendants, such as the degree of damage, etc.

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