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(영문) 광주지방법원 2016.10.13 2016고단3070

야간건조물침입절도등

Text

Defendant shall be sentenced to six months of imprisonment, and the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From 10:00 to February 2, 2016, the Defendant was able to know the first-come-served date to “Curel” located in Gwangju Dong-gu, Gwangju, the Defendant stolen another’s property over a total of three occasions, including taking out one hurd from the victim D’s market value located in the said telecom, which is equivalent to 30,000 won.

2. On February 2, 2016, the Defendant: (a) opened a restaurant with “F” located in Gwangju-gu, Gwangju-gu; (b) opened a cafeteria; and (c) intruded into the kitchen; and (d) cut off cash of KRW 100,000 at a credit cooperative located in the same place; and (b) stolen another’s property by intrusion upon another’s building at night four times in total, as shown in the attached Table 2 of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect of the police accused;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to written statements, written appraisal and written agreements;

1. Articles 30 and 329 of the Criminal Act applicable to the crimes;

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

1. On the grounds for sentencing of Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, in the case of the crimes of Type 1 [the scope of recommending punishment] 4 of the Act on the Larceny for general property (the scope of recommending punishment] in the area of special mitigation (4 to 1 year and 6 months), living-type crimes (the special mitigation) in the area of living, and intrusion into places other than indoor residential spaces (the scope of recommending punishment] 2 of the mitigated area (4 to 10 months) (the scope of general larceny) in the mitigated area (4 to 10 months) of the mitigated area of general property (the special mitigation) in the mitigated area (4 to 4 to 11 months): there is no same criminal power for the defendant

In addition, it is decided as per Disposition by comprehensively taking into account all the circumstances regarding sentencing.