logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2018.06.20 2018고단1048
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence Nos. 2 and 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal history] On October 13, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor due to intrusion on a structure at night at the Daegu District Court due to larceny, etc., and completed the execution of the sentence at the Daegu Detention House on June 8, 2017.

[Criminal facts]

1. On March 18, 2018, at night buildings: (a) around 01:35, the Defendant: (b) opened a glass door by hand at the “E” market operated by the victim D in Daegu-gu Seo-gu, Daegu-gu; (c) opened it by force; and (d) invaded the inside thereof; (d) opened a credit cooperative in the said seat by force using the dracker prepared in advance; and (e) stolen the cash amounting to KRW 1,200,000,000, in cash owned by the victim.

2. On April 13, 2018, the Defendant attempted to larceny at night buildings: (a) came to a cafeteria operated by the victim G located in F of Daegu-gu, Daegu-gu around 01:25 on April 13, 2018; (b) opened a corrected window in his/her hand and intrudes the interior thereof; and (c) carried the stolen object into a cafeteria, the Defendant did not come to such intent with the wind that is discovered to the victim of the house connected to the said cafeteria, but failed to commit such act.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Each protocol of seizure;

1. On-site photographs, CCTV closure photographs and CCTV closure photographs;

1. A report on investigation (specific amount of damage);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of repeated records, etc.) statute;

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act not only has the history of criminal punishment for the same kind of crime over several occasions, but also commits each of the crimes of this case without emphasizing the period of repeated crime due to the same kind of crime, no recovery of damage was made, no agreement was reached with the victims, while the defendant is against the time of each of the crimes of this case, and some of the crimes are committed.

arrow