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(영문) 광주지방법원순천지원 2020.11.26 2020고단1573

야간방실침입절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Around April 21, 2020, the Defendant committed the crime: (a) around 23:55 on April 21, 2020, opened a entrance with a Maskky with the space between the victim E’s work in the C hotel D where the Defendant works in the Mask-si B, 2020; and (b) cut off one million won of cash, the victim’s possession, by intrusion into the room of the female;

2. Around April 23, 2020, the Defendant, around April 23, 2020, opened a entrance with Maskky from the victim G from the above C hotelF to the entrance of the entrance, and cut off KRW 300,000 from the cash envelope, which is the victim’s possession, which intrudes into the room of the female, and is located in the capital.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of each victim in E and G;

1. On-site reports on results of field identification;

1. Investigation report (C hotel CCTV investigation);

1. CCTV-side photographs;

1. Application of Acts and subordinate statutes as a result of fingerprinting suspects;

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. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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

(a) Class 1 (Determination of Punishment at Night) thief (Crime thief) thief (Type 4) thief on general property [No person who is a special person] thief (Type 4] thief] thief (the recommended field and the scope of recommendations] , imprisonment with prison labor for one to two years;

(b) Second crime (a decision on a type of larceny) (a decision on a type of larceny) (a decision on a type of larceny) and there is no person [a person who is a special person] for intrusion larceny [a] (a person who is a special person] (a person who is a recommendation field and a recommendation range] basic area, imprisonment with prison labor for one to two years;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one to three years (the maximum limit of crimes No. 2).

2. The amount of the sentence that was stolen does not amount to KRW 1.3 million in total, and KRW 700,000 out of the above amount was returned to the victims, and the Defendant’s mistake is against the victim.