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(영문) 인천지방법원 2018.02.07 2017고단8766
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment 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 April 19, 2017, the Defendant infringed on a structure: (a) around 14:00, at the front of the “D” restaurant operated by the victim C in Yeonsu-gu Incheon Metropolitan City, the Defendant opened without permission a door, which was not opened by the victim’s think of theft; and (b) infringed on the structure managed by the victim by entering that door; and (c) infringed on the structure more than five times in total, such as the list of crimes in the attached list, from around that time to October 10, 2017.

2. The Defendant: (a) took advantage of the gaps in which the victim E’s surveillance was neglected at the above date, time, and place; (b) took 100,000 won in cash, which is the victim’s possession, from the wallets located on a bridge in his/her location; and (c) subsequently, during the period from around October 10, 2017 to around October 201, the Defendant stolen the total amount of KRW 1,180,000,000, more than five times, as described in the

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of respective Acts and subordinate statutes of H, I, and E;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of buildings), Article 329 of the Criminal Act (influence of buildings), and the choice of imprisonment with prison labor, respectively;

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 stay of execution ( normal consideration considered as follows):

1. The first crime for the reason of sentencing in Article 62-2 of the Criminal Act for the protection and observation of the protection and the first crime [the scope of the punishment] for the general property 4 types (in the case of intrusion larceny) (from August to one year and six months) for the mitigation area (the special mitigated person) / [the scope of the recommended punishment / [the scope of the recommended punishment ] 2 types of crimes for the general property / [4 months to one year and six months] for the special mitigation area (the special mitigated person] / [4 months to one year and six months] / (4 types) for the special mitigation area (the special mitigated person] / 3 [the scope of the recommended punishment / [4 months] for the general property / [4 months to one year and six months] for the special mitigation area (the special mitigation area] / [the indoor mitigation area].

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