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(영문) 인천지방법원 2017.04.27 2017고단2132

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 12, 2017, around 01:54, the Defendant attempted to larceny at night buildings, and attempted to steal money and valuables after having sucked into the structure of food supply business entities operated by the victim C, which had been operated by the victim C, in Incheon Seo-gu, with the entrance set off, and intruded into the structure, but there was no money and valuables that could be stolen.

2. At night, at around 02:39, the Defendant: (a) opened and intruded the entrance door that was not corrected for the victim D’s residence in Seo-gu Incheon, Seo-gu; (b) and (c) took a 200,000 won in total of cash in the inner clothes of the victim D, where the victim D was locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. C’s statement;

1. Notification of the department related to the report of 112 case and photographs of seized articles;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 342, 330 (a crime committed by intrusion upon a structure at night) and 330 (a crime committed by larceny at night) of the Criminal Act concerning criminal facts;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the purpose of sentencing [the scope of recommending punishment] Article 4 types of larceny for general property [the grounds for sentencing]. [The defendant is sentenced to special mitigation] living-type crimes, and non-prosecution [the sentence] defendant is sentenced to imprisonment with prison labor for a special larceny at the Incheon District Court on April 20, 2016, and on April 28, 2016, and the judgment became final and conclusive on April 20, 201, and the crime of this case was committed during the period of probation, but the crime of this case is committed. However, the victim D and the victim agreed smoothly, the damage amount is minor, the defendant's fault is divided into his own mistake while committing each of the crimes of this case, taking into account the defendant's age, motive and behavior, the motive of the crime of this case, the motive and circumstances of the crime of this case, and all other factors revealed after the crime of this case.