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(영문) 서울중앙지방법원 2020.02.05 2019고단3601

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 24, 2019, at around 02:24, the Defendant was a “D” restaurant operated by the victim C (the age of 36) of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government where he works, and all out of the restaurant, taken a cresh of money by using any cresh, opened a door after entering the password into an electronic locking device of the entrance, and intrudes into the above restaurant, and cut down KRW 600,000 in cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of a theft;

1. Application of Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property, intrusion larceny [Special Convicts] for mitigated elements: Indeption (Special Convicts] for mitigated elements: Indeption area of punishment [the scope of recommending area and recommendation range] mitigated range of punishment, imprisonment with prison labor for August 1 and June;

3. Determination of sentence: Imprisonment with prison labor for four months, the same history of the defendant for one year of suspended sentence, the amount of damage caused by the theft of this case, the amount of damage was smoothly agreed upon with the victim and the victim were recovered from damage; the victim did not want the punishment against the defendant; and other factors of sentencing recorded in the records, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, etc., shall be determined as ordered.