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(영문) 창원지방법원 통영지원 2013.11.08 2013고단774
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 02:00 on August 21, 2013, the Defendant: (a) went to a restaurant operated by the victim D in Tong Young-si; (b) caused the inside of the restaurant; and (c) used a crepan in which all of the restaurant employees, including the victim, retired from the restaurant; (d) went into the restaurant by opening a bit 3 car gate parked in front of the window behind the said restaurant building; and (e) invaded into the restaurant by opening the window, and then cut off with a cash of KRW 7.8 million, which is the cash owned by the victim, within the fingers located behind the front of the calculating unit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act, the sentencing guidelines for probation, community service order, and order to attend a lecture are recommended for the defendant to be sentenced to four to one year and six months (a special mitigation factor, each recognition of "in case of intrusion upon places other than the actual residential space", "in case of intrusion upon the victim" as a special mitigation factor, "in case of intrusion upon the defendant's punishment outside the actual residential space", "in case of not having been punished", "in case of the defendant's depth," and "in case of the defendant's age 19", the sentencing factors favorable to the defendant shall be considered

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