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(영문) 춘천지방법원 원주지원 2015.04.15 2015고단167

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

On January 12, 2015, at around 03:36, the Defendant: (a) intruded the “D convenience store” operated by the Victim C in the Won-si, with a view to theft of property by routing into the said store by advertising the fact that he was aware of the structure of the said building and the password of the credit cooperative; (b) opened a window outside the above store outside the warehouse and carried out the CCTV on the inside, so that he did not operate the CCTV, and then intruded with it.

When the Defendant came to a credit cooperative under the accounting unit, he opened a credit cooperative using the password known in advance and stolen the cash in his possession with 540,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

1. Article 330 of the Criminal Act applicable to the crime;

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

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: thief; thief for general property; thief for general property;

(b) Special convicts: Reduction elements - Where a person intrudes into any place other than a living-type crime or indoor residential space, no penalty shall be imposed;

(c) Scope of recommendations: Reduction area, eight months to one year and six months;

(d) Scope of revised recommendations: April to June 1, and June (in cases where there exist not less than two special mitigations, the lower limit shall be mitigated by up to 1/2);

3. Determination of sentence: Imprisonment with prison labor for five months and two years of suspended sentence; and