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(영문) 광주지방법원 해남지원 2016.07.28 2016고단128
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four 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 March 13, 2016, around 19:30 on March 13, 2016, the Defendant drinks food and drink at the ward in the center for older persons, including three bottles, cans, seven cans, seven cans, 1kgs, and two canes, in which the market value in the warehouse is equivalent to the total of 49,000 won, after opening a window in the center for older persons managed by the victim D, the Jindo-gun, and entering the center for older persons.

2. On March 14, 2016, around 18:50 on March 14, 2016, the Defendant drank at the above E-gu senior citizen center in the foregoing manner and drinking at the ward of the two-year senior citizen center a week equivalent to the total market value of KRW 4,00 in the warehouse.

3. On March 15, 2016, around 18:50 on March 15, 2016, the Defendant drank drinks in a senior citizen center, including two bottles in the total market value of KRW 9,00,00 in a warehouse after entering the above E-gu senior citizen center in the same manner as above, in a senior citizen center.

4. On March 16, 2016, around 18:50 on March 16, 2016, the Defendant, entering the above E-Center in the same manner, and dice in the ward at the center for older persons, who are in the aggregate of 12,00 won of the market price in the warehouse and refrigerating.

Accordingly, the defendant stolen another's property by impairing another's management at night over four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of victims of D;

1. Voluntary accompanying reports;

1. On-site photographs, etc. of the case;

1. Application of a part of the Acts and subordinate statutes verifying sunset hours;

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

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. Application of the sentencing criteria;

(a) In cases of intrusion into each night building or structure (the scope of punishment on which punishment is recommended), theft in general property, the special mitigation area (the special mitigation area between April and one year and six months) (the special mitigation person) (the special mitigation person) in any place other than indoor residential space, and the non-permanent mitigation of punishment;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for four months to two years; and

2. The fact that the accused violated the sentence on several occasions and steals the property and completely recover damage therefrom;

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