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(영문) 의정부지방법원 2018.05.10 2017고단4135

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On August 11, 2017, at around 03:00, the Defendant opened a door that is not set up by an empty office adjacent to the convenience store and opened a warehouse of the convenience store and intruded into it.

The Defendant, who had been kept in custody, stolen a beer, doer, link drink, etc. in the total amount of KRW 50,000 in the market value of the victim E, which was in custody.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the results of field identification;

1. On-site photographs and neighboring photographs;

1. Voluntary accompanying report;

1. Application of Acts and subordinate statutes to confirm identity of the larceny case;

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

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

1. One month to ten years from the date of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Reduction elements of types 4 (Special Sentencing) (Infringed Larceny) (Special Sentencing Persons): Where a person intrudes into places, other than his/her living type, indoor residential space (decision on the area of recommendation), the scope of punishment recommended according to the sentencing guidelines [decision on the area of recommendation] Special mitigation area (the scope of punishment recommended] 4 months to 1 year and 6 months.

3. Determination of sentence: The method, content, risk, etc. of the instant crime shall not be minor;

However, the defendant shows his attitude to see and reflect his mistake.

There is no criminal offense over a fine against the defendant.

In addition, the punishment shall be determined within the scope of the recommended punishment according to the sentencing guidelines by comprehensively taking into account the various circumstances shown in the arguments in this case, such as the defendant's age, sex, environment, motive and background leading to the crime, and circumstances before and after the crime, and the execution of the punishment shall be suspended.