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(영문) 청주지방법원 2020.05.06 2020고단336

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant 253,300 won to B who applied for compensation, and C who applied for compensation, 400.

Reasons

Punishment of the crime

On December 6, 2019, the Defendant stolen property worth KRW 6,996,30,00 in total, on 17 occasions, including theft of another person’s property or intrusion on another person’s structure at night, from the G convenience point of the operation of the Victim F, which was located in Yeong-gu, Chungcheongnam-gu, Chungcheongnam-si, and then theft of rad tobacco with 2.0 billion won in total at the market price of the victim’s ownership, by using a gap in the victim’s surveillance negligence, as shown in the list of crimes in the attached Table from around that time to February 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H, F, I, J, K, K, L, C, M, B,O, D, K, P, F, and Q, and each statement of damage;

1. Application of Acts and subordinate statutes to CCTV photographs, field photographs, records of seizure and list of seizure;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the point of each night larceny) and Article 329 of the Criminal Act (the point of each larceny and choice of each imprisonment with prison labor);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

1. Reasons for sentencing of sentencing in accordance with Article 32(1)3 and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Partial Dismissal of Application for Compensation Order (in cases of application for compensation filed byC, the scope of application for compensation with respect to the part exceeding the amount damaged by the facts charged is not clear, and in cases of application for compensation filed by D, the victim of the relevant crime indicated in the record does not know whether

1. Scope of punishment by law: Imprisonment with prison labor for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Crimes falling under any of subparagraphs 1 through 3 (the determination of types of larceny) [the thief] theft [the thief] mitigated element for intrusion theft [the 4th category] mitigated element for general property]: In the case of intrusion into places other than indoor residential space, the recommended field and the recommended sentence;