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(영문) 의정부지방법원 2017.05.18 2016고단3162

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 28, 2016, between 21:05 on the same day and 21:35 on the same day, the Defendant intruded into the “E” restaurant of the victim D operation in Gyeonggi-gun C by Gyeonggi-si, through the back door where the management was neglected at night.

The Defendant: (a) committed a cambage (including a cash of KRW 100,000) owned by the victim and a cambage (a cash of KRW 100,000) attached to a restaurant cambage; and (b) stolen a cambage (a market price of KRW 30,000).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Data on CCTV around a crime scene, CCTV data on tracking vehicles for use, and data on analysis of vehicles for use;

1. Application of Acts and subordinate statutes to photographs of the place of seizure, records of seizure, list of seizure, and photographs of seized articles;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. One month to ten years from the date of imprisonment with prison labor for a prison labor in the range of applicable sentences; and

2. Reduction elements (special sentencing factors): Reduction areas of punishment (decision on the area of recommendation), reduction areas (decision on the area of recommendation), and reduction areas of punishment (decision on the area of recommendation), which include the scope of punishment [decision on the scope of recommendation] on the grounds of sentencing guidelines, from August to June 1.

3. In full view of the circumstances below the sentencing criteria and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, method and mode of the crime, and circumstances before and after the crime, the sentencing criteria shall be set as ordered within the scope of the recommended sentencing criteria.

- Serious reflective crimes, non-permanent crimes, living penalty - majority of the same criminal records, and criminal records of not less than two suspended sentence;