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(영문) 서울동부지방법원 2019.07.01 2019고단1285
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 22, 2019, between 01:07 and 01:16 on the same day, the Defendant opened and intruded the locks using the locks password previously known to the victim C at the restaurant of “D” operated by the victim C in the Seoul Gwangjin-gu Seoul Special Metropolitan City B, and left the cash owned by the victim within the main line.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (a CCTV investigation in a place of crime);

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [Determination of types] of larceny [Type 4] for general property; - Infringement theft [Special Convicts] - mitigated elements: Where a person intrudes into places other than indoor residential spaces, not subject to the punishment [the scope of the recommended area and the recommended punishment], special mitigation areas of punishment [the scope of the recommended area and the recommended punishment], April to one year and six months [the general person] - mitigated elements: serious reflective factors - aggravated factors: the previous department that does not constitute repeated crimes;

3. Determination of sentence: Four months of imprisonment;

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