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(영문) 인천지방법원 부천지원 2016.11.04 2016고단2499
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On September 17, 2016, at around 02:49, the Defendant: (a) opened a closed door and intruded into a D restaurant operated by the victim C in Kimpo-si B; and (b) cut off KRW 1.30,000 in cash from the wall of the victim in the Uspo region.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report the occurrence of a crime, photographs showing the scene of the crime, internal investigation (the tracking of the same line and the victim-to-face investigation before and after the commission of a suspected suspect), internal investigation report (the CCTV analysis and identification, etc. of the suspect), investigation report (the attachment to the screen after the closure of a crime CCTV);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of recommending punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act / Where the mitigation area (8-1 year and June) (special mitigation) (special mitigation) intrudes into places other than indoor residential space (Kinds 4) / The decision of sentence / The same sentence as the order shall be determined by taking into consideration the following circumstances, such as the defendant's age, character and behavior, circumstances before and after the crime, and all other circumstances shown in the records

Unfavorable circumstances: (a) the method of criminal acts, such as returning in the course of movement after committing a crime, is closely and systematically planned; (b) the damage has not been recovered; (c) the circumstances favorable to the agreement: the amount of damage is not significant; and (d) there is no record of criminal punishment exceeding

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