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(영문) 광주지방법원 2017.08.30 2017고단2654
야간건조물침입절도
Text

Punishment against the Defendants shall be prescribed by six months of imprisonment.

However, each of the above punishments for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 6, 2017, at around 21:00, Defendant A intruded into a 120 underground parking lot with a iron fence, used as the front door by the victim E at the construction site of the F apartment complex managed by the victim E, and then stolen the electric wires worth KRW 170,000 (20m in diameter) of the market value stored at the same site, the Defendant prepared for a 170-meter electric wires worth KRW 5 million (20m in diameter) in advance and cut it.

2. Defendant B, at around 04:00 on March 7, 2017, when arresting a victim A who steals electric wires at the same place as the foregoing paragraph 1, the Defendant inflicted injury on the victim, such as a catus catus, which requires treatment for about 56 days in consideration of the victim’s face, hair, side satus part, etc. on several occasions, by putting the victim with the defect of escape, and continuously making it possible for the victim to have his face, hair, side satus part, etc. on several occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the police against the defendant A (part);

1. A protocol of seizure and a list of seizure;

1. Each investigation report (Attachment to the floor plan of the F apartment underground parking lot and attachment time on the day of the crime) and calculation of the ground plan of the attached underground parking lot and the time of sunset;

1. A written diagnosis of injury;

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

1. Article 330 of the Criminal Act applicable to the crime and the defendant A who choose a sentence: Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Selection of imprisonment;

1. Article 62(1) of the Criminal Act

1. Article 62-2 (1) of the Criminal Act:

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

1. Defendant A

(a) The scope of the recommended punishment on the sentencing guidelines [the type of punishment] [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment] 4 months from 4 months to 1 year and 6 months, in the case of larceny in general property;

(b) Determination of sentence: Imprisonment with prison labor for not less than six months (two years of probation), the age, sex, and environment of the defendant;

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