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(영문) 광주지방법원 2016.02.18 2015고단4552

야간건조물침입절도등

Text

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

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

Reasons

Punishment of the crime

1. On June 25, 2015, the Defendant: (a) around 03:50 on a night structure intrusion theft: (b) around 25, 2015, the Defendant: (c) went into a cafeteria operated by the victim D (E); (d) went into the cafeteria, and went into the cafeteria through the window not locked; (d) went into the cafeteria; and (e) went into the cafeteria, and (e) went into the cafeteria, and (e) went into the cafeteria, the victim’s ownership; and (e) cut off another person’s property at night during seven times from around the day to August 305:03, 2015, with goods worth KRW 36,400, total market price, such as a 6,400,000, such as a balone, balone balone, and 4 C C.

2. On September 3, 2015, around 01:00, the Defendant attempted to larceny a structure at night, and went into the back, beyond the fence of the toilet, to steal the victim’s property, and went into an attempted attempt, even though the window was divingd, the Defendant did not go into the restaurant and did not go into the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D, F and G;

1. Application of each statute of the D and F

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The first-class crime for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommendations] the first-class crime for general property [the fourth-month-1-6 months] in the area of special mitigation (the special mitigation) [the scope of recommended punishment] the crime of living penalty and the second-class crime that is not punishable [the scope of recommended punishment] in the area of special mitigation [the fourth-month-1-1-6 months] in the area of special mitigation [the scope of special mitigation] [the crimes of living penalty and the third-party crime that is not punishable [the scope of recommended punishment] in the area of special mitigation [the scope of punishment] in the area of special mitigation [4 months-1-6 months] in the area of general property [the scope of recommendation] [the crime of special mitigation] in the area of special mitigation [the majority-class punishment due to the livelihood] in the area of special mitigation [the crime of special mitigation], the crime of punishment, and the aggravated punishment.