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(영문) 광주지방법원목포지원 2020.09.25 2020고단357

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

The Defendant was an employee from February 2, 2016 to January 2017, the victim C, operated by the victim C from February 2, 2016 to January 2, 2017.

At around 03:00 on February 13, 2020, the Defendant collected the password of the instant marina entrance and intruded into the office of the said marina, and subsequently, the Defendant carried KRW 2,537,00 in total, including 6,00 won for merchandise coupons 10,00 won, cash KRW 50,000, KRW 22, cash KRW 10,000, KRW 77,000, KRW 5,000, KRW 307 in cash.

Accordingly, the defendant abused another person's structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes governing the theft of seized articles, list of seizure, report on the occurrence of search and seizure of the C’s statement, list of the suspect’s voluntary submission and seizure (E), list of suspected victims identified by on-site CCTVs, investigation report (specific as a suspect), investigation report (as to attachment of CCTV images and photographs), CCTV video CDs and video-related photographs;

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 recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special spofluor] mitigation element]: In cases of intrusion into places other than indoor residential space (in cases of intrusion into places other than indoor residential space, the area of recommending and the scope of recommending punishment] mitigation area, and in cases of imprisonment with labor for up to 8 months to 16 months;

3. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for one year (the first offender, the error is divided, and the amount of one million won out of the damaged goods has been returned and has been partly recovered, and the sentencing criteria shall be sentenced to a sentence that lowers the sentencing criteria like the order, taking into account all kinds of sentencing conditions, such as the age, character and conduct, environment, etc. of the accused;