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(영문) 인천지방법원 2017.06.08 2017고단2266

야간건조물침입절도

Text

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

Reasons

Punishment of the crime

On June 29, 2016, the Defendant, at around 00:30 on June 29, 2016, carried out approximately KRW 1.70,00 in cash owned by the victims D, located in Jung-gu Incheon Metropolitan City, by keeping up emergency doors to E of the victims.

They go back.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site and CCTV photographs;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the scope of the mitigated sentence [the scope of the punishment] for general property, and the mitigated area (eight months to one year and six months] (the mitigated area] of the mitigated area;

2. Determination of sentence: (a) considering favorable circumstances, such as the fact that the instant crime was committed without being familiar with the Defendant during the period of suspension of execution, the fact that the injury has not been recovered or agreed upon; (b) the fact that there is no record of being punished for the same kind of crime; and (c) the fact that it appears to be a living penalty, etc., the punishment shall be determined as ordered in consideration of the Defendant’s age, sex, environment, motive and circumstance of the crime; and (d) the circumstances after the crime.

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