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(영문) 대전지방법원 2015.04.15 2015고단144
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On October 6, 2014, the Defendant was sentenced to a summary order of a fine of two million won or more for larceny at the Daejeon District Court on the same day, and the same criminal record is nine times more.

1. On November 21, 2014, at night, the Defendant: (a) committed a theft of at least 00:07, with a view to eating property in front of the operation of the victim D, which was located in Seo-gu Daejeon-gu, Daejeon; (b) opened the above E-gate by cutting it up; and (c) intruded into the gate, and at the same time, with one computer with a total of 170,000 won in the market value of the victim’s possession, the Defendant stolen it by carrying out a theft of at least 10,000 won, with a total of 26:17 items with a total of 10,030,000 won, including 8 disease, 3 disease, 100,000 won, 4 disease, 10,000 won, 10,000 won, and 10,000 won in total.

2. On December 13, 2014, at around 23:27, the Defendant: (a) placed the victim’s first floor food store located in the Daejeon-gu Daejeon-gu Seoul Special Metropolitan City F in the display stand by taking advantage of the gaps of surveillance in the surrounding area; (b) placed the victim’s 2 disease in a room with a diameter of 41,400 won at the market price managed by the victim H; and (c) cut off the victim’s 1 disease with a strong belief of 41,680 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared D or H;

1. Application of Acts and subordinate statutes, such as the I Gyeong-won CCTV photographs, Han-Ma apartment CCTV photographs, damaged photographs, etc.;

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. Crimes falling under the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: Punishment No. 1 [Scope of Recommendation] for the Reasons for the Sentencing of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: The fourth category of the thth category of the thief in respect of general property (the imprisonment between April and one year and six months): In cases of intrusion upon places other than indoor residential spaces (the scope of Recommendation Punishment] for the crimes of living style or indoor residential space (the period of Four types): Reduction area of the mitigated area (the imprisonment between April and October) for general property (the special mitigation person): Aggravating the majority of the crimes of living style.

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