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(영문) 수원지방법원 안양지원 2019.07.24 2019고단820

야간건조물침입절도등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A larceny: (a) around 06:14 March 25, 2019, the Defendant: (b) destroyed and stolen the Victim C’s market value of KRW 1,224,000,000 in total, on four occasions, as indicated in the separate crime list (1) from April 12, 2019, which was set up without correction in front and front paths of the game. (c) At around 06:14, the Defendant stolen the property worth KRW 1,224,00 in total, as indicated in the separate crime list (1).

2. On April 5, 2019, the Defendant: (a) around 03:49 on April 5, 2019, the Defendant: (b) intruded the victim E, which was installed in Maart-gu, Maart-gu; and (c) stolen the Defendant with four cans in total amount of KRW 3,200 in the market price displayed in the said Maart; and (d) stolen the property worth KRW 33,600 in total market price on three occasions, such as the list of crimes in attached Table (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, E, and H;

1. Records of seizure and the list of seizure;

1. Each investigation report (the sequence 18,23,29 of the evidence list);

1. Application of on-site photographs and statutes governing damage photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 329 of the Criminal Act selecting a punishment, and Article 330 of the Criminal Act (a point of larceny and choice of 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

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

(a) Types 4 (Special Convicting Persons): each mitigation element of larceny against general property, each at night, intrusion upon buildings, and larceny (decision of type): Where intrusion upon places, other than indoor residential space (type 4) (type 4) (the scope of recommending area and recommendation), each mitigation area, and each period of eight months to one year;

B. The scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for up to two years.