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(영문) 서울동부지방법원 2020.05.11 2019고단3360

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 19, 2019, from around 01:33 to 01:56, the Defendant intruded with “C” in the “C” located in Gwangjin-gu Seoul Special Metropolitan City, through open entrance, and then stolen the victim’s property by using Otoba for three times the rice 12 km amounting to KRW 960,00,000, the victim D, located in a corridor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site CCTV image verification);

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for larceny [Type 4] for general property; - Where a person intrudes into a place other than an indoor residential space, the mitigation element: In the event that he/she intrudes into a place other than an indoor residential space, he/she shall not be punished [the area of recommendation and the scope of recommendation], the area of special mitigation [the scope of recommendation and recommendation], the period from April to one year [the general person] - The mitigated element: The serious reflect [the grounds for suspension of execution] - Major pride: the amount of no punishment - the amount of general pride: the serious reflect.

3. Determination of sentence: Six months of imprisonment and one year of suspended sentence;