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(영문) 대전지방법원 2016.02.05 2015고단3873
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

On August 8, 2014, the Defendant carried three tools, such as 1250,00 won of the market price owned by the victim C and electric saws, from that time to September 4, 2015, the Defendant carried 14 times the total market price of KRW 5,601,00 of the market price by 14 times in the same manner as the list of crimes in the attached list of crimes.

Accordingly, the defendant stolens property or stolens property of the victims at night by intrusion upon the victims' structures.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective legislation of D, C, E, F, G, H, I, J, K, L, M, N,O, and P

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief who intrudes upon each night structure) concerning facts constituting an offense; and Article 329 of the Criminal Act (a thief and choice of each imprisonment with prison labor);

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

3. A crime of Article 62(1) of the Criminal Act on the grounds of sentencing [the scope of recommendations] 4 types of general property [the scope of punishment ] 2. (In the event that a person subject to special mitigation intrudes into a place other than an indoor residential space (the special mitigated) / [the scope of punishment ] 4 types of general property (the scope of recommended punishment / 1.6 months to 1.6 months) / [the scope of special mitigated] 3 types of crimes (the scope of punishment ] 4 types of crimes in the mitigation area (the special mitigated person] / [the scope of recommendations 4 types of general property] in the mitigation area (the scope of punishment / [1.6 months to 4 months) / [the number of special mitigated persons] in cases where the defendant intrudes into a place other than an indoor residential space, and most of the above types of crimes are found to have been sentenced to a fine / [the number of fines / [the same kind of crimes being reduced to 1.9 years to 2.4].

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