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(영문) 제주지방법원 2020.10.16 2020고단1584
야간건조물침입절도
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

On May 16, 2020, at around 05:13, the Defendant opened the window of the said restaurant and intruded into the said restaurant, and stolen the said restaurant with the goods owned by the victim D(60 years of age) and other goods in the aggregate amounting to 37,500 won.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements of D;

1. Each statement of internal investigation report (including on-site CCTV verification / accompanying photographs of suspect moving routes) prepared by the police and the application of statutes related to images (including accompanying documents);

1. Article 330 of the Criminal Act applicable to the crime;

1. Reasons for sentencing [the range of applicable sentences in accordance with law] under Article 62(1) of the Criminal Act (which shall be considered as favorable among the reasons for sentencing] : 1 month to 10 years [the decision of applicable sentences] - thief crime, theft against general property, 4 types [special dufe] - Where the mitigation element intrudes into places other than indoor residential space : In the event that the crime is committed, it is not punishable [the general dufe] - mitigated element: special mitigation range - 4 months to 1 year and 6 months [the range of recommended punishment ] special mitigation range - positive consideration range - positive consideration reason for sentencing - there is no criminal record above the suspended sentence - there is no social relative relation ; the defendant's old age and health status is very good [the decision of suspended sentence ] imprisonment with prison labor 4 months or more favorable to the defendant's general prosecutor's office; 1.3 years and 200,000 won which are disadvantageous to the defendant's probation order.

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