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(영문) 광주지방법원 순천지원 2016.01.15 2015고단2237

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 8, 2015, the Defendant: (a) opened an outside window of a female toilet connected with a restaurant in his/her hand by breaking it around the “D” restaurant operated by the victim C in Gwangjuyang-si B; and (b) opened the cresh without the victim’s access to the said restaurant in his/her hand, and stolen the cash equivalent to KRW 200,000,000,000 in the safe of the restaurant calculation unit.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each statute on 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 reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment / [the scope of recommending punishment] The mitigated area (8 to 1 year and 6 months) of the mitigated area (the special mitigated person] / (4) where the defendant intrudes into a place other than indoor residential space / [the decision of sentencing] the case where the defendant committed a second offense despite the existence of two times of identical power.

Provided, That the same type as the order shall be determined by comprehensively taking into account all the circumstances, such as the fact that is a small amount of damage and reflects the mistake in depth.