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(영문) 의정부지방법원 고양지원 2019.08.29 2019고단1626
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On June 11, 2019, at night, the Defendant: (a) discovered a safe containing KRW 419,00,00 in cash; (b) removed a electric cable connected to the credit cooperative; (c) discovered a credit cooperative with KRW 419,00 in cash; (d) removed a electric cable connected to the credit cooperative; and (e) stolen a 'E’ restaurant operated by the victim D of the victim C of Goyang-gu B Building C, Goyang-gu, Yangyang-gu; (c) carried the victim into the steering room through the window opened by the victim; and (d) cut it into the steering room; and (e) cut it.

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

2. At around 05:00 on June 14, 2019, the Defendant: (a) cut off a thief at the construction site of the first floor underground floor of the F Building in Gyeyang-gu, Seoyang-gu; and (b) a thief at the market price, which had been kept by the victim G for work, with a single divedry and a single charging tool.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and G;

1. A report on internal investigation (on-site verification, etc.);

1. Records of seizure and the list of seizure;

1. Seized objects and photographs;

1. Application of Acts and subordinate statutes to credit cooperatives and cash photographs;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

(a) Class 1 crime (thief): thief (decision on a type) of larceny against general property; thief (Type 4) [Special dufeth) (Special dufeth) mitigated element: In cases of intrusion into places other than indoor residential space, except indoor residential space, in the area of special mitigation of punishment [the area of recommendation and the scope of recommending punishment], and April through June;

(b) Second thief (thief) : thief (decision of type) thief for general property; thief [ second thief] thief for general property; [the area of recommendation and the scope of recommendation] ; 6 months through 16 months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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