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(영문) 대구지방법원 2020.05.22 2020고단606
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 04:08 on September 20, 2019, the Defendant discovered that the 300,000 won in cash in the envelope, which was kept in front of the driver’s seat in the vehicle, was not corrected in the “C meat restaurant B” side of the “C meat restaurant located in Busan Metropolitan City,” and opened the door of the said vehicle, and stolen the victim’s property.

2. On December 29, 2019, the Defendant: (a) around 02:50 on December 29, 2019, the Defendant: (b) went into the “H” restaurant operated by the Victim G from Busan City F; (c) used the gap in which the business of the said restaurant was completed and the main window is not corrected; (d) intruded into the restaurant through the said main window; and (e) took cash amounting to approximately KRW 400,000,000,000, which was kept in the Kacter’s safe; and (e) stolen the victim’s property by intrusion into the structure managed by the victim at night

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (eventime decision of type) thief [No. 4] thief [Special Convictf] thief] thief (special salvor] thief] thief (special stief] : Reduction area of punishment in the mitigated area of punishment [Recommendation area and Recommendations], 8 months to 1 year and six months;

(b) Second (Determination of thief) thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for a crime of August through February 1;

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