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(영문) 수원지방법원 2015.07.01 2015고단1578

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. 2015. 1. 27.자 범행 피고인은 2015. 1. 27. 02:50경 수원시 팔달구 B건물 106호에 있는 피고인이 약 4개월 간 근무하였던 'C'에서, 위 음식점의 주인인 피해자 D이 영업을 마치고 귀가한 틈을 타 미리 알고 있던 외부출입문 자물쇠의 비밀번호를 맞춰 이를 열고 들어간 뒤, 떡볶이 판 위에 있던 열쇠로 안 쪽 출입문까지 열고 식당 안까지 침입하였다.

Then, the Defendant: (a) caused the CCTV not to operate the CCTV by reducing all the equipment installed in the restaurant walls; and (b) stolen KRW 600,000 in cash stored in cash.

2. On February 10, 2015, the Defendant, who committed the crime committed on February 10, 2015, intruded into the said C restaurant at the place specified in paragraph (1) in the same manner as that specified in paragraph (1), and stolen KRW 40,000,000 in cash, including the franchis that were kept in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes to the draft D;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act (The following consideration of favorable circumstances, etc. among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the recommended sentencing criteria; and

(a) Basic crimes and concurrent crimes: Larceny (decision of type): thief (decision of type ] thief (decision of the recommended area and the scope of recommendations) mitigated area (limited to the decision of the recommended area and the scope of recommendations), mitigated area (limited to August to one year and six months): Crimes of living penalty;

(b) Scope of recommendations based on the standards for handling multiple crimes: Imprisonment with prison labor for up to two months from August;

3. Determination of sentence: The amount of damage in this case is relatively large, and the defendant seems to lead to the crime in this case because of the lack of living expenses and the defendant's penal power, etc. shall be determined as ordered within the scope of recommendation, taking into account the following factors: