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(영문) 광주지방법원 2015.12.16 2015고단4225
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 18:00 on September 18, 2015, the Defendant cut off two keys of the “D” office entrance and exit of the victim C, who is a cleaning unit of the said building, in a cleaning room located underground in the 3rd floor of the Gwangju-dong building in Gwangju-dong-gu building, by means of a cresh accumulated in the victim’s house located therein.

2. On September 18, 2015, the Defendant: (a) opened an entrance using the key of the said office, which was stolen as referred to in paragraph (1), and intruded into the “D office” office located in the 8th floor of the said B building; (b) cut off cultural products equivalent to 550,000 won in total of the market price of the victim E on the books of the victim E; and (c) cut down cultural products equivalent to 70,000 won in the market price of the victim E on the books of the victim E; and (d) continuously cut down cultural products equivalent to 70,000 won in the market price of the victim E on the books of the victim E.

As a result, the Defendant invaded into the room at night, thereby cutting down the cultural product right of 3,120,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement in E, F, G, and C;

1. Application of the respective Acts and subordinate statutes of H, C, F and G;

1. Article 329 of the Criminal Act and Article 330 of the Criminal Act (a point of larceny and choice of imprisonment) which apply to facts constituting a crime specified in B, and Article 329 of the Criminal Act which select punishment;

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

1. On the grounds for sentencing of Article 62(1) of the Criminal Act Article 62(1) of the suspended sentence, the first crime [the scope of recommendation] for sentencing of Article 62(1) of the Criminal Act shall be limited to the general property / [the scope of recommendation] where the special mitigation area (4 to 1 year and 6 months) has intruded into the general property outside the indoor residential space (the scope of recommendation), and the second crime which is not punishable [the scope of recommendation] for mitigation area (4 to 10 months) for mitigation area (4 to 10 months) for mitigation area (4 to 10 months), and the final sentence due to the aggravation of punishment for multiple total offenders who are not punished: April to 11 [the decision of sentence] for the violation of the Criminal Act.

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