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(영문) 의정부지방법원 2020.01.10 2019고단5333
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 03:44 on July 11, 2019, the Defendant stolen property worth KRW 239,000, totaling four times from the victims, as shown in the [Attachment Table 1] between September 28, 2019 and September 21:37, 2019, from that time, the Defendant brought about 34,00 won or more of the market price owned by the victim C in front of the “D store” operated by the victim C, which was operated by the victim C.

2. On September 14, 2019, the Defendant: around 00:08, the Defendant: (a) opened a cafeteria operated by the Victim F in Dongducheon-si; (b) intruded into the G cafeteria; (c) brought about cash 1.50,00 won owned by the victim; and (d) brought about an excessive amount of KRW 50,000,000 in the market price owned by the victim, which is located in the bank; and (d) brought about an excessive amount of KRW 52:30,000,000 in total, from the victims three times on October 5, 2019, as shown in the attached Table 2 of the List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of victim by F, C, and H;

1. Application of Acts and subordinate statutes on seizure records;

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;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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) Class 1 crime ( night decision on types of larceny) (the decision on types of larceny) (the thief) (the thief) (the 4th category), intrusion larceny (the thief) - mitigated element): Where a crime of living type, an indoor residential space, has intruded into places other than indoor residential space (the recommended area and the scope of recommendations), special mitigation area), and four to one year (the thief) months (the general person who has been punished);

B. Second thief (eventime, Violation of Building thief) (Determination of thief) thief; thief; general property

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