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(영문) 창원지방법원 마산지원 2019.11.26 2019고단955

야간건조물침입절도

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 16, 2014, between 21:30 and 23:30 on June 16, 2014, the Defendant intruded the victim C’s “D” office located in Changwon-si, Changwon-si, which was located in the Changwon-si, through a closed entrance, and went into the office, and then stolen the wall with the cash amounting to 2.5 million won, which is the victim’s possession on the book and the 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Confirmation of identity of the thief;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 330 of the Criminal Act applicable to the crime;

1. Four months of imprisonment to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Act (hereinafter referred to as the “reason for sentencing”);

1. Scope of punishment by law: One month to ten years;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for intrusion (Special Convicted Persons] for places other than indoor residential space: In cases of intrusion upon places other than indoor residential space, non-permanent mitigation area of punishment [the scope of recommending area and recommending punishment], special mitigation area of punishment [the scope of recommending punishment and recommending punishment], four months to one year

3. The defendant who has been sentenced to sentence has intruded into an office at night and has stolen things and is not good to commit a crime.

However, the crime of this case was discovered through fingerprint comparison after about five years have passed since the defendant was committed to the minor's view.

After the closing of argument, the victim and the victim were fully agreed.

The Defendant is an initial offender who has no criminal record.

In addition, the sentence shall be suspended by taking into account the following factors: the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading, and the sentence shall be suspended by the prosecutor (two years of suspended sentence for four months).