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(영문) 광주지방법원 2019.05.10 2018고단4707

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On October 24, 2018, around 00:45, the Defendant: (a) intruded into the “C” parking lot located in Gwangju-dong-gu, Gwangju-gu, by an entrance that was not corrected; (b) opened a door that was parked at that place and opened a door that was not corrected for the victim D(69 years of age) to the victim D (the victim D(69 years of age) and stolen it with one head of the F Association Tong in the name of the victim.

2. On October 24, 2018, the Defendant: (a) around 08:05, at the “H association branch” located in Gwangju Dong-gu, Gwangju-gu, the Defendant collected a stolen F association passbook as described in paragraph (1) from the cash withdrawal period managed by the victim H association established therein; and (b) withdrawn KRW 2 million in cash from another passbook located in the said franchise.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to evidence photographs (safinites of CCTVs at the site);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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 scope of final sentence due to the aggravation of multiple offenses (6 to 16 months) of the basic area (6 to 6 months) of the Act on the thief [the scope of recommendations] of the mitigated area (8 to 1 year and 6 months) of the mitigated area (a special mitigation) of category IV (a special mitigation) of general property in cases where he/she intrudes into a place other than an indoor residential space, the scope of punishment for the larceny [the scope of recommendations] of the basic area (6 to 1 year and 6 months) of category II (a general larceny) of the Act on the thief [the scope of recommendations] of the basic area (6 to 1 year and 6 months): It is recognized that there is no special person who has been sentenced to the punishment for the punishment for the punishment for the punishment for the crimes of August to 23: The fact that there is no criminal record above the suspension of execution