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(영문) 대구지방법원상주지원 2020.12.23 2020고단261
특수절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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. Although the victim B’s residential intrusion and the charge of larceny are written as special larceny, it is obvious that it is a clerical error in the “thief” in light of the facts charged and applicable provisions of Acts.

On April 2020, the suspect invadedd the main room through the gate managed by the victim B, who was in the Jung-si in the middle of 2020, which was not corrected, and carried out one repair unit of the market price, which was installed at that place.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence.

2. Crimes against victims D;

A. On April 21, 2020, around 21:46, the Defendant: (a) opened the locked number of the iron gate, which was corrected by the cutting machine in front of the victim D, and opened the lock; and (b) intruded into the kitchen through the entrance of the entrance, and carried out a plate of the market price straw, which was installed at that place (a 1:5 meters at street, 0.6 meters at vertical length), a slick, and a smell.

Accordingly, the defendant stolen the victim's property by destroying part of the door at night and impairing the victim's residence.

B. On April 22, 2020, the Defendant: (a) around 20:45 on April 22, 2020, went into the house of the victim D, and went into the house through the gate and the entrance door of the entrance, which was opened by opening up the correction device; and (b) had two gas sirens in the market price where it was installed at the house.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement D, each police statement D, and B's written statement seizure records, and applicable to the field photographs of the seizure list;

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 319(1) of the Criminal Act that allows the choice of a sentence (influence of residence, choice of imprisonment), Article 329 of the Criminal Act, Article 331(1) of the Criminal Act, Article 331 of the Criminal Act, and the Criminal Act.

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