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(영문) 수원지방법원 2020.05.28 2019고단3089

야간건조물침입절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[Criminal Power] On April 3, 2020, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Suwon District Court on April 11, 2020, and the judgment became final and conclusive on April 11, 2020.

【Criminal Facts】

On June 10, 2019, from around 22:52 to 22:57 on the same day, the Defendant entered the building of the "D Announcement Institute" operated by the victim C on the third floor of the building B in Suwon-si, Suwon-si, Suwon-si, and stolen the building with eight undeveloped-in-air disease in the market price, which is the victim's possession of the third floor corridor and stairs, one stop-in-house, one stop-house, one Shirts, and one load-in-house.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s written statements, photographs, etc. of damaged articles;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes which are obvious to this court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 39(1) of the Exemption Criminal Act (a) (absent Defendant shall be exempted from punishment, taking into account various sentencing factors, including the following: (b) the fact that there are many criminal convictions for the same kind of defendant; (c) the fact that the court has to consider equity in the case of concurrent judgments with the criminal records stated in the judgment that became final and conclusive; (d) the fact that imprisonment with prison labor for the defendant is being executed