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(영문) 대구지방법원 2015.07.21 2015고단2996
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 24, 2015, the Defendant was sentenced to a suspended sentence of ten-month imprisonment with prison labor for night building intrusion, larceny, etc. at the Daegu District Court on March 24, 2015, and the sentence becomes final and conclusive on April 1, 2015 and is currently under suspended sentence.

1. On June 7, 2015, the Defendant: (a) around 04:00 on June 7, 2015, at around 04:0, the Defendant: (b) removed the windows of the restaurant toilets by hand; (c) removed them from the restaurant; and (d) invaded inside the restaurant; and (d) stolen the cash amount of KRW 70,000,000,000, in cash owned by the victim, located at the container.

2. The crime committed on June 23, 2015;

A. On June 23, 2015, at around 00:30, the Defendant: (a) opened a cafeteria operated by the victim G in Busan Metropolitan City F; (b) opened the cafeteria and intruded inside the cafeteria; and (c) stolen the cash in cash owned by the victim in the cash 5,000 won, which was located in the cafeteria.

B. The defendant above

2.(a)

On the same day as the paragraph 01:10 on the day, the victim J, located in Gyeongsan City, opened the cafeteria and intrudes inside the cafeteria, and stolen cash 104,500 won owned by the victim, which was located in the cash machine located in the cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Each written statement of D and G;

1. Records of seizure and the list of seizure;

1. Investigation report (including reports on the occurrence of female crimes and accompanying photographs, etc.);

1. Previous records of judgment: Application of criminal records, etc. inquiry report (A) and Acts and subordinate statutes to report criminal investigations (report of confirmation, such as the date of confirmation of judgment);

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommending punishment according to the sentencing guidelines - The first crime [the scope of recommending punishment] shall be the area of special mitigation (from April to one year) (special mitigation) (excluding special mitigation) livelihood-type crimes and indoor residential space.

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