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(영문) 대구지방법원 포항지원 2018.11.28 2018고단1148
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence Nos. 1 through 4 shall be returned to the injured party's name.

Reasons

Punishment of the crime

[criminal history] On March 31, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for intrusion larceny of a structure at night at the Busan District Court on August 29, 2016, and completed the execution of the sentence at the Busan Detention Center.

[Criminal facts] On August 11, 2018, the Defendant came to the scene of D Construction managed by the victim C in North-gu, Northern-si, Mapo-si, Mapo-si, B on August 11, 2018, and came to have one punishment, one punishment, two punishment, one punishment, one punishment, and one punishment, which is the market price owned by the victim, who is unable to identify the specific name in the building being constructed by intrusion into the construction site through the gaps between the steel plates surrounding the site and the gardens.

Accordingly, the defendant invadedd a structure managed by the damaged person at night, and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Seizure records;

1. An investigation report (on-site CCTV verification), - Torop photographs ofCCTV, investigation reports (verifications between sunset) and investigation reports (the seizure of voluntarily produced articles);

1. Previous convictions: Inquiry of criminal history, investigation report (verification of criminal records of the same kind of suspect), judgment, etc., investigation report (verification of the fact of release related to repeated crime) - Application of Acts and subordinate statutes concerning personal confinement;

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

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

1. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act / [the scope of recommendations] The reason for sentencing of Article 333(1) of the Act on the Larceny against general property / [the scope of punishment / [the case where a person is subject to special mitigation (special mitigation)] commits a crime of living, or intrudes into places other than an indoor residential space (type 4) / The case where the defendant has been punished for the same kind of crime; the defendant committed the crime of this case during the repeated crime period; the defendant committed the crime of this case during the repeated crime period; the defendant committed the crime of this case by intrusion into the structure inside the night and stolen goods; the defendant's mistake is found to be erroneous; the defendant is against depth; and the damaged articles are merely unconstitutional clothes without value (the first.).

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