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(영문) 인천지방법원 부천지원 2019.07.11 2019고단1101

야간방실침입절도

Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 3, 2019, at around 03:40 on February 3, 2019, the Defendant opened and intruded the entrance of the above employees' resting room where the victim did not correct the string of the string, and cut off the sum of KRW 30,000,000,000,000 in cash owned by the victim C, and KRW 30,000,000,000,000,000,000 were cut off from the wall located within the wall.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to report internal investigation (the victim's oral statement, confirmation of a place where cash was made) and photographs attached thereto;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing guidelines [decision of types] the scope of recommendations [decision of the recommending area] the types of larceny in general property [decision of the recommending area] the special mitigation area (in cases of intrusion into places other than indoor residential space, non-permanent mitigation area] 4 months from 4 months to 1 year and 6 months;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for four months, the value of the stolen goods of two years under suspended execution, the fact that there exists the record of punishment for the same kind of crime, the fact that the crime appears to be contingent crimes, the confession of the crime, the fact that the victim is not subject to the punishment, the negative impact of the victim, such as young children, etc. when he/she is detained, and other sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, shall be determined as ordered,