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(영문) 수원지방법원 2016.04.26 2016고단516

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2015, at around 00:49, the Defendant: (a) committed a D restaurant operated by the Victim C in Osan City B, Osan-si; (b) and (c) invaded the entrance with the door, and then invaded into the door, and stolen the cash 100,000, which was kept in the West.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the victim’s statement in C;

1. Grounds for sentencing Article 330 of the Criminal Act with respect to the crime;

1. Where the scope of the recommended punishment on the sentencing guidelines [the scope of the recommended punishment] is infringed upon places other than indoor residential spaces in the mitigated area (eight months to one year and six months) of four types of larceny for general property;

2. The Defendant was sentenced to criminal punishment on several occasions for the same crime (three times of actual punishment, one time of suspended execution, and one fine) and the Defendant was sentenced to a suspended sentence for six months on February 11, 2015 by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (any death or injury caused by death or injury caused before the police station’s death). However, the Defendant committed the instant crime without being aware of it, and thus, the sentence of imprisonment is inevitable.

However, in light of the fact that the defendant recognized his mistake and reflects, the amount of damage is relatively small, and the fact that it intrudes into places other than indoor residential space, and all kinds of sentencing conditions shown in the arguments in the present case, such as the age, sex, environment, motive of the crime and circumstances after the crime, etc., the punishment shall be determined as ordered.