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(영문) 인천지방법원 2017.09.07 2017고단5054
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 5, 2017, the Defendant came to a D restaurant located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, Incheon around 21:00, and confirmed that the victim E, who is the owner of the business, leaves the restaurant and does not have any way to leave the restaurant, and then intrudes into the restaurant through the window that was not locked, and takes 6:40,000 won in cash, which was at the head of the kitchen, etc.

In addition, from the above day to June 23, 2017, approximately KRW 2,370,00 were stolen over 15 times in total, as described in the list of crimes in the attached Form, as well as the theft.

Accordingly, the defendant invadedd a structure at night and stolen the victims' property.

2. On June 6, 2017, the Defendant came to G cafeteria located in Seocheon-si F around 01:00, and confirmed that the victim H was out of office and did not have any effect, and did not commit an attempted crime because the Defendant was unable to find out the damaged goods by intrusion on the said cafeteria through the window that was not locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (or statement) of I, J,K, E, L, M, H, N, P, Q, Q, S, T, U, and V;

1. Verification of identity of the fingerprinter in the theft case, request for an appraisal of his/her fingerprints in the thief site as a result of identification on the thief site identification, or fingerprint collection in the thief site;

1. A report on investigation (verification of personal information about field fingerprints);

1. Application of photographic Acts and subordinate statutes attached to each investigation report;

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Although victims are victims who agreed to or do not want to be punished for sentencing under Article 62-2 of the Social Service Order Criminal Act, the scope of recommended sentence is determined based on the range of sentence of two crimes with a high upper limit in case of three or more multiple crimes, so the scope of sentence of punishment is not agreed, and thus, it is recommended to select three crimes with a high range of sentence.

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