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(영문) 수원지방법원 안산지원 2019.08.14 2019고단1283

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[203] On March 30, 2019, the Defendant: (a) opened the entrance with the key in front of the entrance of the Cbelare Co., Ltd., located in B at the time of luminous, and intruded into it; (b) cut off with one CCTV saws with the cash of KRW 200,000 and the market value of KRW 400,000,000 in cash storage unit.

[2019 Highest 1992] Around 22:00 on March 29, 2019, the Defendant obtained the beer amounting to KRW 20,000 from the victim F, even though he did not have the intent or ability to pay the price even if he/she ordered the alcohol, and he/she received the beer amounting to KRW 20,00 from the victim.

Summary of Evidence

[2019 Highest 1283]

1. Defendant's legal statement;

1. Written statements of D;

1. Each photograph (the No. 4, 11, 16 of the evidence list);

1. Records of seizure and the list of seizure [2019 Highest 1992]

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on the calculation of charges;

1. Relevant Article 330 of the Criminal Act and Article 347 (1) of the Criminal Act (the point of larceny at night), the choice of punishment against the crime (the point of fraud and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order, Article 59 of the Probation Act, Article 59 of the Act on the Probation, etc., is the first crime [the decision of a sentence] - the theft against general property - [the special person] - the mitigated area [the decision of the recommended area] the mitigated area / [the scope of the recommendation area] August to one year and six months [the general person] - the same crime and second crime that do not constitute a repeated crime of increased factors / the general fraud [the decision of a punishment] the basic area / [the decision of a recommended area] the number of concurrent offenses [the scope of recommendation area] from June to June 1 to June 2: the result of the final sentencing range (the maximum limit of the first crime No. 2 crime : 1/2): the above sentencing person and the defendant sentenced in August 2 to the above sentence and the defendant.