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(영문) 인천지방법원 2019.10.18 2019고단4787

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

The defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Incheon District Court on March 14, 2018 and the same year.

7. 24. The Incheon detention center has completed the execution of its punishment.

On June 2, 2019, around 23:10 on June 2, 2019, the Defendant entered China restaurant operated in Michuhol-gu Incheon Metropolitan City, through the window of a kitchen that was not corrected, and then stolen the victim management cash of KRW 30,000 and KRW 5,000 in the freezing room.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Photographs of the suspected person, a place containing in cash, and a affected window;

1. CCTV images inside a restaurant;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports, judgment period for repeated crimes, etc.);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special salvists] thief for intrusion: In cases of intrusion into places other than indoor residential space, the factors that are not subject to the aggravation of punishment: Reduction area of the same repeated crime (the scope of recommending area and recommending punishment) that does not fall under the aggravation of specific crimes, and between August and June;

2. The sentencing conditions indicated in the records of this case, such as the sentencing guidelines set forth in the above sentencing guidelines, the sentencing guidelines set forth in the above sentencing guidelines, the point agreed with the victim, the scale of damage, the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined lower than the sentencing guidelines set in the sentencing guidelines as ordered.