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(영문) 창원지방법원 통영지원 2017.06.09 2017고단516

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A theft Defendant: (a) around April 3, 2017, around 20:30, was placed in a simplified storage in C Apartment Underground Parking Lots, through through a road, and (b) was stolen by carrying one high-tension washing machine (c) worth KRW 2 million in the market price owned by the victim D, which was kept by the victim D, on a passenger car owned by the Defendant.

2. On April 4, 2017, around 23:00, the Defendant: (a) opened an office entrance and intruded into the H hotel construction site performed by G Co., Ltd., the victim F, a management of the victim F, via Young-si, on April 4, 2017; and (b) laid down a single unit of AEG Co., Ltd. (DB 1500-2XE) at the victim’s market price owned by the victim, carrying one unit of AEG Co., Ltd. (DB 1500-2XE) at the victim’s seat and stolen the vehicle owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Each protocol of seizure and each list of seizure;

1. Application of the Acts and subordinate statutes to photographs of the damaged site (C underground parking lot), photographs of the model C of crime, and photographs of the G office located at the H hotel construction site;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

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

(a) A crime No. 1: A crime of larceny against buildings at night (the scope of recommended punishment) (the theft against general property) in the area of special mitigation (the special mitigation period between April and one year and six months) (the special mitigation period), in cases of intrusion into any place other than indoor residential space (the four types), and a fine for non-violation;

(b) Second offense: A person who is not subject to punishment in the mitigated area (4 months to 10 months), in the area of larceny (4 months to 10 months) (a person who is subject to special mitigation) (a person who is subject to special mitigation).

(d) Application of standards for handling multiple crimes: Imprisonment with prison labor for a period of four months to one year;

3. A construction site for a new hotel for an apartment parking lot or a simple warehouse and a new hotel for the accused who is sentenced to sentence.