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(영문) 광주지방법원 2016.06.08 2016고단1299
야간건조물침입절도등
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

1. On March 5, 2016, around 21:21, the Defendant: (a) taken away from the water surface of the “C” located in Gwangju Northern-gu, Gwangju; (b) taken away a 1,50,000,000 won of the market price into the water surface in the cresh without the victim D (60 years of age) operating the said secondhand surface; and (c) taken away one mountain traffic with an amount equivalent to 20,000 won of the market price; and (d) carried one bicycle with an amount equivalent to 50,000,000 won of the market price, such as one bicycle with an amount equivalent to 60,000 won of the market price, and one bicycle with an amount equivalent to 50,000 won of the market price.

Accordingly, the defendant abused another's structure at night and stolen the property owned by the victim.

2. In order to carry stolen objects, such as the date and time set forth in the preceding paragraph, at a place, the Defendant: (a) cut off the seals of the lock door door door of the “C” on the high water by using the sphora in advance, using the spackra.

Accordingly, the defendant has damaged the property of others so that it is about 30,000 won of repair cost, thereby impairing its utility.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to photograph damaged articles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (a thief for intrusion upon a structure at night), 266 (a point of destruction of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

(b) Type 1 (Determination of the area of recommendation), mitigation area (decision of the area of recommendation), imprisonment with prison labor for not more than 6 months; and

(c) multiple crimes;

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