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(영문) 서울동부지방법원 2016.12.23 2016고단3707
야간건조물침입절도
Text

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

On October 19, 2016, between 01:58 and 02:00, the Defendant: (a) walked a tent that was operated by the victim C in Gangdong-gu Seoul Metropolitan Government so as to prevent people from having access to it; and (b) invaded into the said tent, and stolen the cash amounting to KRW 1.80,000,000, which was owned by the victim in the Ka Ka Ro Ka Ka Ga Ga Ga Ga Ga Ga Ga.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to report internal accidents (D CCTV analysis);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

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

1. Where he/she intrudes into places, other than indoor residential space (type 4) in the mitigated area (type 8 to 1.6 months) (type 8 to 1.6 months) of all types of larceny in general property according to the sentencing guidelines;

2. Circumstances unfavorable to the determination of sentence: A person appears to have committed a crime in a planned manner, such as under the influence of alcohol, in a case where the defendant prepares for the use of the defendant in committing a crime and is under the influence of his/her criminal agents. Nevertheless, even though he/she had been sentenced to imprisonment for the same kind of crime, he/she prevents the Defendant from committing the instant crime. Nevertheless, the circumstances favorable to the failure to agree with the victim are relatively small: The amount of stolen money and valuables is clearly social ties, such as the Defendant’s age and occupation, character and environment, personality and environment, family relationship, relationship with the victim, motive, means and consequence of the crime, etc., and all the circumstances constituting the conditions for sentencing specified in the record, including the following circumstances, are taken into consideration, and the execution of the sentence is suspended only once on condition that probation for the prevention of recidivism and social service orders for the cultivation of sound work awareness are issued.

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