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(영문) 인천지방법원 2021.01.14 2020고단9814
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2020, at around 21:30, the Defendant came to the construction site of a new officetel in Namdong-gu Incheon Metropolitan City, “C” construction site, and intruded up to the inside through a safety stamp crepit crepits installed at the site, and the Defendant, such as cable holders, cuters, and industrial knick knife, etc., of approximately 120 meters of electric wires located adjacent to the container gambling site, cut off using tools in advance, cut off using tools, and separated 1,848,00 won of the victim D’s market price located adjacent to electric wires. On August 28, 2020, around 00:44, the Defendant cut off the said Gu Ri into the between hick-in HD vehicles owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as records of seizure of written estimates of police statements related to D and records of inspection of the list of seizure sites, etc. (No. 3, 6, 8, 12, 15, 18, 24, 25, 40, 42);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be the larceny [the type No. 4] in case of the larceny [the person subject to special sentencing] in case of intrusion into the general property [the person subject to special sentencing] in a place other than indoor residential space: The non-permanent area of the punishment [the area of recommendation and the scope of the recommended punishment], the area subject to special mitigation of the punishment [the scope of the recommended punishment], April to June

3. The crime of this case was committed on the construction site and was prepared in advance by the Defendant, separated 1,848,00 won of the market price by using the tools that brought about a theft, and the circumstances unfavorable to the Defendant, such as the fact that the criminal liability is grave in light of the content of the crime, are recognized.

However, the defendant's confession of the crime of this case reflects the defendant's wrongness, the defendant's agreement was reached smoothly with the victim, and the defendant's fine exceeds a relatively long period of time.

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