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(영문) 인천지방법원 2020.02.14 2019고단8325
야간건조물침입절도
Text

A defendant shall be punished by imprisonment 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 September 12, 2019, at around 02:41, the Defendant, at the “D” where the victim C works in Yeonsu-gu Incheon Metropolitan City B and 4 as an employee, had his/her employees intruded into the Kabter and followed the Kabr, and continued to go back to 3 Mabr, and opened an object located in the Mabr, and cut off with cash equivalent to KRW 50, 10, 4, 10, 3, 10, 100, 100, 100, 200, 100, and 397,000.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Verification of identity of a person who has filed a report on the thief site file, reports on the results of field identification, and fingerprints of the theft incident

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Larceny against general property (type 4), the type of which is determined thief;

(b) Measures to mitigate special persons: Where a person intrudes on any place other than indoor residential space, the factors to be mitigated: A person not subject to punishment;

(c) The area of recommendation and the scope of recommendation and the area of special mitigation ( from April to June);

3. In light of the fact that the defendant was sentenced to a suspended sentence, the defendant shows the attitude of recognizing and opposing the crime of this case, the defendant expressed his/her intent that he/she would not want the punishment against the defendant by agreement with the victim, the defendant has no other criminal records other than a fine for one time due to drunk driving, and the amount of damage in the judgment is relatively small, the defendant will be placed in the position of the suspended sentence against the defendant. In addition, the arguments of this case, such as the defendant's age and behavior environment, relationship with the victim, motive and means of the crime, and circumstances after the crime,

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