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(영문) 춘천지방법원 원주지원 2017.10.18 2017고단795
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 19, 2017, the Defendant committed a theft of KRW 50,000,000,000,000,000 from July 18, 2017 to July 22, 2017, in front of the “E” food operated by the victim D, which was located in the Won-si, by opening a window not corrected by the said restaurant and intrusion into the said restaurant, brought about a theft of KRW 50,00,000,000, which is the cash owned by the victim who was in the seat of the said restaurant at the seat of the said restaurant.

Accordingly, the defendant invadedd a structure at night, and attempted to steal or steal the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, and H;

1. Application of Acts and subordinate statutes on site photographs;

1. Crimes listed in Article 330 of the Criminal Act (a thief in each night building) and Articles 330 and 342 (a thief in each night building intrusion) of the same Act (a thief in each night building);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria are not set in the case of attempted larceny of buildings at night, but the sentencing criteria are not set. However, crimes 1, 2, and 3 [Scope of the punishment] set forth in the following sentencing criteria against concurrent crimes resulting from intrusion to structures at night, the sentencing criteria for which are set, and crimes 1, 2, and 3 [Scope of the punishment] of the special mitigation area (where a person subject to special mitigation intrudes into a place other than indoor residential space (type 4) (where a person subject to special mitigation)] of the special mitigation area (where a person subject to special mitigation intrudes into a place other than indoor residential space, the scope of the final sentencing due to the increase of the number of persons who are not subject to punishment: April to February:

2. Circumstances favorable to the determination of sentence: Each damage caused by the crime was insignificant or committed in attempted crimes, and most victims do not want the punishment of the defendant.

The defendant recognizes all crimes and reflects them.

D. Unfavorable circumstances: the Defendant was sentenced to imprisonment with prison labor for larceny of intrusion on a structure at night on February 2, 2017, for six months, for a period of suspension of execution of two years or more, and during the period of suspension of execution.

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