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(영문) 수원지방법원 성남지원 2015.10.01 2015고단1766

야간건조물침입절도등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On August 7, 2015, the Defendant: (a) around 03:00 on August 7, 2015, the Defendant: (b) removed the shock network installed on the window in Gwangju City as a hand; and (c) intruded into the door in excess of the windows; (d) carried out cash 76,000 won in possession of the victim, which was located on the block immediately next to the window, and stolen it.

2. On August 19, 2015, at around 15:00, the Defendant: (a) opened an entrance that was not corrected in the victim G container owned by the victim G in Gwangju City; and (b) intruded into the entrance; (c) opened three strings and one strings in an amount equivalent to the total market value of the victim’s ownership stored in the said strings; and (d) stolen them.

3. On August 20, 2015, the Defendant stolen the cash amounting to 61,000 won of the victim’s possession, which was kept in custody at the next place, by means of arbitrarily responding to the number of the victim’s number, height, and loss of the credit cooperative located in the seat of the driver, while the Defendant was game in the “JPC bank” in the “JPC bank” of the victim I operated in Gwangju-si, Gwangju-si, by taking away the victim’s 61,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, I, and D;

1. Application of seizure records and on-site photographs statutes;

1. Article 330 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [Scope of recommending punishment] There is no basic area (6 to 1.6 months) of category 2 (general larceny) and basic area (6 months) of category 2 (general larceny) [decision of sentence] [decision of sentence] Defendant has six times the same criminal records other than that of juvenile protection disposition taken by Jeju District Court on June 26, 2013, by night, intrusion upon residence, larceny, etc.

Nevertheless, the defendant has not yet reached 20 years of age.