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(영문) 춘천지방법원 원주지원 2021.01.22 2020고단859
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 8, 2020, the Defendant: (a) opened a door that was not corrected between the victims due to the victim’s leaving the door at the Hanju-si B market No. C, and “E operated by the victim D” on August 23:15, 2020; and (b) invaded into the door, resulting in a theft of KRW 26,00 in cash, which is owned by the victim, from the money reservoir located on the car hold; (c) on August 8, 2020, the Defendant attempted to commit a theft of a structure at night; (d) around 22:50 on August 8, 2020, the Defendant: (e) opened a door that was not corrected by the victim’s leaving the f market at the Hanju-si market; and (e) opened a H restaurant operated by the victim G; (e) did not commit any attempted theft; and (e) did not commit such theft; and (e) made the victim’s attempt to commit such theft at night until 23:1st day.

Summary of Evidence

1. Application of the respective Acts and subordinate statutes of the Defendant’s statutory statement of D, G, I, J, K, L, M, N,O, P, Q and R to each photograph of each written statement

1. Relevant Article 330 of the Criminal Act concerning the facts constituting an offense (a crime of larceny) and Articles 342 and 330 of the Criminal Act (a crime of larceny by intrusion);

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. The reason for sentencing under Article 62(1) of the Criminal Act (negative) is not good in light of the form of an act.

It has been punished several times for the same crime.

The victims except D are punished by the defendant.

[The favorable circumstances] The mistake is recognized, and is against the law.

Most of the crimes committed are minor and have restored to victims D.

It has been punished for the same kind of crime in the past for a considerable period.

In addition, in comprehensive consideration of various circumstances shown in the trial process of this case, such as the defendant's age, sex, family relationship, environment, etc., the punishment shall be determined as per the order against the defendant.

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