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(영문) 수원지방법원 성남지원 2018.10.17 2017고단2986
야간건조물침입절도등
Text

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

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

Reasons

Punishment of the crime

1. On July 19, 2017, the Defendant: (a) around 04:00, the Defendant: (b) went into a D shop operated by the victim C in Osan-si B and the first floor of Osan-si in Gyeonggi-do; (c) intruded the inside of the above upper floor through an emergency entrance installed on the third floor of the above building; and (d) cut off and stolen food of the sum of 4,900 won, including 4, 10, 10, 10, 10, 10, 10, 10, 00, 000 won, and 10,000 won, in a vinyl.

2. On the same date and time as in the preceding paragraph, the Defendant: (a) at the Art Research Institute operated by the injured E on the third floor of the same building as in the preceding paragraph; (b) at the Art Research Institute operated by the injured E on the third floor of the same building as in the preceding paragraph, and (c) at the unmanned guard staff, the Defendant: (a) destroyed the art Research Institute’s ceiling in order to conceal the body; and (b) thereby, damaged the board equivalent to KRW 400,00, the market

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to E and C;

1. Photographs;

1. Application of the written estimate statutes;

1. Relevant Article 330 of the Criminal Act (a thief by intrusion on a structure at night) and Article 366 of the Criminal Act concerning facts constituting an offense (a point of damaging property and a choice of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. A crime of larceny at night (the scope of recommended punishment) committed against general property: A crime of larceny in the mitigated area (from August to one year and six months) (a person with special mitigation) (a person with special mitigation] of life;

2. Damage [Scope of recommended punishment] general standard area: Type 1 (property damage, etc.).

3. The scope of final sentence due to the aggravation of multiple offenses: From August to November 1; and

4. Circumstances disadvantageous to a decision of sentence: A normal situation in which certain victims' damage has not been recovered: The restoration of stolen property has been restored and there has been no particular record of committing a crime in addition to the amount of fine twice, and there has been no record of committing a same crime;

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