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(영문) 대구지방법원 김천지원 2020.01.07 2019고단1427
야간건조물침입절도등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Attempted larceny;

A. On September 13, 2019, around 02:37, the Defendant attempted to steal the victim’s property by taking the knife the knife of the victim C, which was parked at that place, but did not commit an attempted crime because the knife the knife was unfolded.

B. On September 13, 2019, around 03:54, the Defendant attempted to steal the property of the victim by taking off the door of the G SPP car owned by the victim F, which was parked in the area, on the front of the E apartment on the Gu-Si apartment road. However, the Defendant failed to realize the intent because the door was locking.

2. On September 13, 2019, the Defendant: (a) around 05:30 on September 13, 2019, at night, went into the J restaurant operated by the victim I; (b) and (c) on the window installed behind an unlocked restaurant, the Defendant stolen one credit cooperative (a 35 cm, 40 cm, 9.7 cm, cm at a height of 9.7 cm) with a cash sum of KRW 400,000,000 in cash stored on the Kater; and (d) thereby, stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of I, C, and F;

1. On-site photographs, internal investigation reports (on-site conditions, etc.)

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of photographs of seized objects, pictures taken by their hairs on the site of larceny cases, confirmation of suspect 2nd vehicle failure and on-site CCTV investigations).

1. Relevant Articles 342, 329, and 330 of the Criminal Act concerning facts constituting an offense, and Articles 342, 329 of the Criminal Act concerning the choice of punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: One month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Nighttime building intrusion and larceny [decision of type] thief; thief for general property; thief for intrusion theft [type 4], (special duf for person] mitigated element:

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