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(영문) 제주지방법원 2020.08.13 2020고단1468

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On May 20, 2020, from around 03:45 to around 04:18 on the same day, the Defendant: (a) discovered that the victim C (Namnam, 29 years of age) was under the influence of alcohol and was locked in the above building parking lot; (b) infringed on the above building parking lot managed by the administrator D for the purpose of theft of the victim’s property; and (c) cut down the lock from the inside floor of the parking lot, the Defendant cut down the victim with a net gold booming amounting to KRW 4,00,000 at the market price of the building he worn by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements in C and D;

1. Application of Acts and subordinate statutes to a report on the occurrence of a crime, a 112 reported case processing table, an investigation report (verification, etc. of CCTV for a victim's moving moving line), each related photograph, pictures of the CCTV that has been parked near E, F CCTV images, related photographs, receipts, G CCTV images, field photographs, investigation reports (report on attachment to a list of sunset time limits);

1. The crime of this case on the grounds of sentencing under Article 330 of the Criminal Code of the relevant criminal facts is an unfavorable circumstance in light of the following: (a) the crime of this case committed by the victim who intrudes on a structure at night and diversed the structure, thereby thefting with the net sprink that the victim was worn, and thus, was bad in the nature of the crime; (b) the Defendant had been punished for the same crime; (c) the records of the crime of this case, including imprisonment, suspended execution; and (d) the Defendant did not agree with the victim and did not have

However, it is favorable for the defendant to recognize the facts charged, such as the fact that the defendant seriously reflects the facts charged, and the amount of damage is not very large.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Night Building Intrusion Theft: thief crime group, thief for general property, thief for 4 types, etc.

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