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(영문) 수원지방법원 안산지원 2019.07.12 2019고단1169

야간건조물침입절도

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 2019, the Defendant, “D” operated by the victim C in Ansan-si Group B, Ansan-si, a new wall-gu, opened a door by force by putting in advance the key hole of the lock door door, and intruded into the door, and made a theft by holding 10,000 won in cash and 2,000 won in market price, which were the victim’s possession under the above door gate.

As above, the Defendant: (a) opened the door door of the door door of the store glass entrance at late night, opened the door by force; and (b) stolen money and valuables worth KRW 352,000 on four occasions from January 19 to January 19, 2019, as shown in the annexed crime list, from January 19 to January 13, 2019.

Accordingly, the defendant stolen the victims' property by intrusion into each structure that the victims receive at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, and F;

1. A written appraisal;

1. CCTV images;

1. Application of Acts and subordinate statutes to report internal accidents (the analysis of CCTVs for field and nearby crime prevention);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1, 2, and 3 (Determination of thief in Night) [Article 4] thief in general property [Special thief] mitigated element: In cases of intrusion theft [special stief] in general property: In cases of intrusion upon places, other than living types, indoor residential space, it is not subject to punishment [the area of recommendation and the scope of recommendation] special mitigation area, imprisonment with prison labor for April to June;

(b) Scope of recommendations according to the standards for handling multiple crimes: From 4 to 2 years of imprisonment (Article 1/2 of the upper limit of crimes No. 2).

2. Although crimes are not good in light of the method of sentencing, the fact that the defendant acknowledges his mistake, the fact that the amount of damage is not significant, the victims and the defendant agreed smoothly with the victim is identical to the defendant.