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(영문) 춘천지방법원 2017.09.11 2017고단266

야간건조물침입절도

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 19, 2017, from around 23:41 to around 202:38 of the same month, the Defendant intruded into the above sloping-gun C with no fenced part of the 'E' 'E' 'E' of the victim D operation in Gangwon-gun, Gangwon-gun, and then stolen the 21 scambling-type 21 of the average market price owned by the victim, which was kept in custody at the said place, by means of carrying the 5 million won of the market price on the Fgner-type 2 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. In the application of the Act and subordinate statutes to confirm the “F white strawing vehicle” of the suspect vehicle, to capture CCTV image images (netly 6,9), to conduct an investigation report (on-site identification report, to attach on-site photographs), to report on investigation (on-site and accompanying photographs), to the seized objects photographs, and to cover photographs;

1. Article 330 of the Criminal Act concerning the crime;

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

1. The Defendant committed the instant crime even though the reason for sentencing under Article 62-2 of the Social Service Order and Article 62-2 of the Criminal Act committed the same kind of offense in the past and the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor. The instant crime was committed by the Defendant by intrusion upon a schill at night, and by using a vehicle in the standard in which the Defendant was kept at the place, and the nature of the crime was poor.

However, the fact that the defendant seems to have recognized and against the crime of this case, that there is no history of criminal punishment from the year 2008 to the date of this case, that the damaged articles are returned to all the victims, that the victim's damage seems to have been recovered, that the victim does not want the punishment of the defendant, etc. (not preparing a written agreement) are factors for sentencing favorable to the defendant. Other factors for sentencing favorable to the defendant, such as the defendant's age, sexual behavior, environment, motive and background of the crime, circumstances after the crime, and the scope of recommended punishment according to sentencing guidelines (no written agreement is prepared).