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(영문) 대구지방법원 안동지원 2021.03.24 2020고단389
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant was written in the indictment on May 7, 2020 on April 7, 2020, which appears to be a clerical error, although it appears to be a clerical error.

03:30 In front of the D Reading Office for the victim C’s operation in Ansan-si, B, the victim’s access to the rest room in the said reading room, which was not corrected by entering the entrance of the place, was stolen with a total of 1.7 million won of the market price owned by the victim and a total of 1.7 million won.

Accordingly, the defendant stolen the property owned by the victim by intrusion on the victim's structure at night.

2. In the indictment on May 8, 2020, the Defendant was written on April 8, 2020, but it appears to be a clerical error.

05:27 Gambling entered the resting room in the same manner in the same manner at the place described in paragraph 1 of the light, and the victim C was cut off with one unsatisfic acid at the market price in that place.

Accordingly, the defendant stolen the property owned by the victim by impairing the victim's structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention, choice of imprisonment), and Article 319 (1) of the Criminal Act (a stief by intrusion upon a structure and choice of imprisonment) concerning criminal facts;

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

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 the recommended sentences according to the sentencing criteria;

(a) A crime No. 1 (a) thief [a] thief [a] thief [a] thief [a] thief [a] thief] thief (a person subject to special sentencing] : In the area of mitigation of punishment (the area of recommendation and the scope of recommended punishment], imprisonment with labor for up to one year and six months;

B. Second th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

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