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(영문) 수원지방법원 2016.11.25 2016고단6257

건조물침입등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around August 28, 2016, the Defendant intruded into the Ecosmetic room managed by the victim D in Suwon-si, Suwon-si, on August 28, 2016, and stolen KRW 40,00 from the bank owned by the victim, where the name on which he/she was placed cannot be known, as well as from August 28, 2016.

2. Around September 24, 2016, the Defendant intruded into the cosmetic room managed by the victim G in Suwon-si F on September 24, 2016, and stolen KRW 120,000 in cash from the bank owned by the victim, where the name on the part of the victim cannot be known.

3. On October 9, 2016, around 12:30 on October 9, 2016, the Defendant intruded into the beauty room managed by the victim J on the third floor in the I building of Suwon-si, Suwon-si, and then stolen KRW 80,000 in cash from the victim’s bank in an object.

Summary of Evidence

1. Defendant's legal statement;

1. Each description of the statements prepared by J, D and G;

1. Application of each of the visual Acts and subordinate statutes on August 28, 200 and September 24, to photographs to be taken by a crime scene and by cutting CCTVs;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommendations according to the sentencing criteria;

(a) around September 24, 2016: (a) in a case where larceny [type] general property intrudes upon a place other than an indoor residential space (special mitigation) in the mitigated area (special mitigation) of category 4 (Type Larceny); (b) (a) imprisonment with labor for up to August 24, 2016 to June 1.

B. From August 28, 2016 to June 1, 2016, in the case of larceny [Type 4 (Special Mitigation) (Special Mitigation) for general property in a place other than an indoor residential space (the scope of recommending punishment] imprisonment with prison labor for up to 8 months to 1 year;

C. Around October 9, 2016, theft [type] of general property intrudes upon places other than indoor residential space (special mitigation) of category IV (special mitigation).