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(영문) 의정부지방법원 2016.05.03 2015고단4543

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 27, 2014, the Defendant: (a) committed a 'D' container office operated by the Victim C in Bocheon-si, 09:00 on September 27, 2014; and (b) committed a d'D' container office operated by the Victim C; and (c) committed a theft with one of Samsung Nompt North Korea, the market price of which is equivalent to KRW 780,000,000, which was owned by the victim.

2. On October 21, 2015, the Defendant: (a) opened the aforementioned container door, which was not locked to steals a computer at the same place as before and after around October 21, 2015; and (b) intruded into the victim’s body, one prefabricated-type computer, one Mas, and one kid, each of which is the total market price of the victim’s possession, and one 1.1 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. A report on internal investigation (the details of the collection of intelligence and the commencement of internal investigation);

1. Investigation report (the counter-investigation of a victim C);

1. Police seizure records and list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the occupation of larcenys against structures at night) concerning facts constituting an offense; and Article 329 of the Criminal Act (the occupation of thefts and the choice of imprisonment);

1. The aggravated punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment provided for in the crime of attempting to intrude a structure at night with heavier punishment);

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

1. The scope of applicable sentences: Imprisonment for one month to 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: Larceny of a structure at night (the scope of recommendations), thief for general property (the thief for intrusion larceny) in a mitigated area (the thief for August to one year and six months) (the thief for special mitigation) in any place other than indoor residential space (the thief for four types);

(b) Concurrent Crimes: thief (Scope of recommended punishment) on general property, the basic area (one month to one year) of the theft (one year and six months) (a person who has no special sentencing seal).

(c) Aggravation of multiple crimes: Imprisonment for 8 months to 2 years: Provided, That one year and 6 months x 1/2)

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