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(영문) 대전지방법원 홍성지원 2014.11.04 2014고단92
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From 00:00 on December 14, 2013 to 01:00 on the same day, the Defendant was at the D office for the operation of the Victim C in Chungcheongnam-gun Hong-gun, Hongsung-gun, with a 700,000 adult amusement machine equivalent to the market price of KRW 700,000,000, where the Defendant opened a locked door and intruded into it, and had a rupture of KRW 300,000,000 in cash owned by the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A criminal investigation report (specific report on the amount of damage to victims);

1. Application of statutes on site photographs;

1. Grounds for sentencing Article 330 of the Criminal Act with respect to the relevant criminal facts;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommendations on the sentencing guidelines [decision of types] the scope of punishment on general property [no aggravated factors] and the mitigated factors] - Where a person intrudes into places, other than living-type crimes and indoor residential spaces (type 4] mitigated areas: Imprisonment with prison labor for up to 1/2 months from April to June of the mitigated area (the lowest of the sentencing range in the mitigated area as there are two special mitigations).

3. Determination of sentence: It is inevitable to sentence a sentence to the defendant, in light of the fact that the victim has not recovered from damage for six months of imprisonment, that the victim is punished for the defendant, that the defendant escaped after undergoing police investigation; and

However, in determining punishment, a comprehensive consideration was given to the extent of substantial damage caused by the instant crime, the Defendant’s age, character and conduct, criminal records, environment, social ties, motive and circumstances of the instant crime, etc., and the scope of recommended punishment according to the sentencing guidelines as set forth in Article 51 of the Criminal Act, including the records and arguments of the instant crime, and the circumstances after the crime.

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