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(영문) 대구지방법원 2016.06.24 2016고단1859
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six 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

On May 3, 2016, at around 02:50 on May 3, 2016, the Defendant invadedd the victim D’s “E” in Daegu-gu, Daegu-gu, with the second floor back to the second floor, and then stolen cash owned by a simple credit cooperative and a victim in Western, with KRW 92,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Application of written statements, on-site photographs, investigation reports (Attachment of photographs of police officers and CCTV photographs of convenience points), investigation reports (Correction of the amount of damage), investigation reports (Attachment toCCTV images, etc.), investigation reports (related to the method of intrusion on suspects), investigation reports (related to the method of intrusion on suspects), or video reports (verification of the fact that the devices are damaged) or video-related statutes;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of applicable sentences in law] 1 month or 10 years of imprisonment [the determination of types] 4 types of theft [the special sentencing person] - (the special sentencing person] - Where the defendant intrudes into a place, other than the indoor residential space, (4) / [the scope of recommended sentences] Special mitigation area / [the scope of recommendation] 4 to 1 year / [the scope of suspended sentence] - Main Reasons for special mitigation - There are no positive criminal punishment sources (including efforts to recover from arbitrary damage or recover damage) - there are no positive or more suspended sentence [the decision of suspended sentence] - There are no criminal records of suspended sentence [the defendant has been sentenced], but the defendant's stolen goods did not amount to cash 92,00 won, and the defendant's orders and sentences are not more favorable to the victim and the defendant, and the defendant did not have any other conditions of punishment, such as punishment as the defendant's punishment was imposed once more favorable to the defendant.

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