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(영문) 인천지방법원 2018.11.15 2018고단6703

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 May 1, 2018, around 10:50 on May 1, 2018, the Defendant invadedd a structure into a household store in order to steal property from the said household store by deeming the victim’s moving out of the household store in front of the “E” operated by the victim D, Nam-gu Incheon Metropolitan City, and went into a household store in order to steal property. Accordingly, the Defendant invaded into a structure managed by the victim.

2. The Defendant of theft shall hold a stude in the books of a knife at the time, time, and place described in paragraph (1), and shall take up one of approximately KRW 500,000 in cash owned by the victim D, approximately KRW 200,00 in the market price, approximately KRW 100,000 in the market price, including wallets, credit cards, identification cards, etc. located therein;

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Each CCTV photograph, on-site photograph, and CCTV closures for suspect moving lines;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended punishment] : (a) the special mitigation area (4th to one year and six months) / (4th to one year) where the defendant intrudes into a place other than an indoor residential space; (b) although the defendant had previously been punished several times for the same kind of crime before, it is not good that the crime of this case has been committed; (c) although the defendant committed the crime of this case; (d) the victim was willing to have his wife against the defendant; (d) the amount of damage is relatively minor; and (e) the defendant committed each of the crimes of this case, which is favorable to the defendant; and (e) the defendant's age, sex, environment, motive, means, and consequence of the crime; and (e) the circumstances after the crime.