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(영문) 춘천지방법원 영월지원 2019.05.14 2019고단39
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

1. On October 2018, the Defendant: (a) invadedd the victim’s “D shop” operated by the victim C at a night in the first and second night time in the end of 2018 by opening a window that was not locked by the victim; and (b) inserting the arms into the arms, and (c) laid down approximately KRW 50,000 in total of the market price owned by the victim.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

2. On October 2018, the Defendant invadedd the places indicated in paragraph (1) at an irregular night time in the middle and middle 2018 by the same method as that indicated in paragraph (1), and went out to have approximately KRW 50,000 in total and KRW 50,000 in the market price owned by the victim.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

3. On October 20, 2018, the Defendant invadedd the places indicated in paragraph (1) by the same method as that indicated in paragraph (1) around October 20, 2018, and went out with 3 punishments and 4 punishments in total equivalent to 100,000 won in the market price owned by the victim.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Seizure records;

1. A gene appraisal report;

1. Application of Acts and subordinate statutes regarding personal identification of field identification reports, on-site photographs, ctv photographs for crime prevention, and fingerprints of theft incidents;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

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

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 (eventime decision of type) thief [No. 4] thief [Special dufe] thief (special dufe] thief] thief (special dufe): In cases where a person intrudes into a place other than indoor residential space, he/she is not subject to punishment [the area of recommendation and the scope of recommended punishment].

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