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Reasons
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(영문) 대전지방법원 2019.07.11 2019고단1260
야간건조물침입절도등
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A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On June 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) at the Daejeon District Court on June 3, 2014, and the execution of the sentence was completed in the Daejeon Correctional Institution on October 28, 2015.

On April 5, 2017, at around 21:00, the Defendant discovered that the entrance was not set up in front of the “D” office operated by the victim C in Daejeon-gu, Daejeon-gu, and opened an entrance and intruded into the office.

After confirming that the defendant does not have any way in the office, he takes out the cash of 100,000 won owned by the victim in the state of his book, and takes out one of the drinking water in the city of Si within the cooling house.

At night, the Defendant invadedd the structure managed by the victim and stolen the property owned by the victim.

2. Around April 2, 2019, the Defendant embezzled the lost cash of KRW 130,000, 200, 300,000,000,000,000,000,0000,0000,0000,0000,0000,0000,000,0000,0000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,000).

Summary of Evidence

[2019 Highest 1260]

1. Defendant's legal statement;

1. A written statement prepared by C;

1. The results of inquiry into personal information of the victim's on-site photographs, photographs of the damaged scene, drinking water-related photographs, and DNA information of the detained suspect;

1. Previous conviction in judgment: The current status of personal confinement and the result of inquiry (2019 order1654);

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing CCTV-cap photographs and CCTV images CDs;

1. Relevant laws concerning facts constituting an offense, Article 330 of the Criminal Act which prescribes the punishment (the occupation of larceny at night), and Article 360 (1) of the Criminal Act (the occupation of embezzlement of stolen objects and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (with regard to night buildings, intrusion and larceny);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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