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(영문) 의정부지방법원 2017.03.08 2016고단2544
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant served as an employee of the “D” restaurant in Daegu Suwon-gu, Daegu-gu, on November 1, 2015, and the victim E is the father of the said restaurant, and the victim F is the proprietor of the said restaurant.

1. On November 26, 2015, the Defendant thief: (a) took part in a cafeteria of “H” located in Daegu Suwon-gu G on the ground that the Victim E was unbrupted to sating the Defendant, while taking part in the cafeteria; (b) one gate containing a resident registration certificate, physical check card, etc. in the victim’s off, and one 3 mobilephone carrying phone (G) in LG, where the victim E was off.

L. A. L. theft was committed.

2. At night, the Defendant: (a) opened and intruded the entrance to the aforementioned “D” restaurant on the same day on the grounds of paragraph (1) of 05:30 on the same day; (b) stolen the cash amounting to KRW 60,000,000 from the victim F, which was in possession of the said “D” restaurant; and (c) subsequently, destroyed the beer’s disease, small-scale disease, and houseball on the bottom of the air racker by taking out the beer, and by taking out the beer, thereby damaging the property amounting to KRW 2.2 million at the victim F’s market price.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes to each investigation report (in the case of a City B’s investigation- in the case of a City B’s closure screen 12 copies of the closure screen, the investigation of the amount of damage, the victim E- statement, the victim E- statement, the victim E-mail report, and the City C- C- C- C- C- C- C- C/ C/ C/ C/

1. Relevant provisions of the Criminal Act and Article 329 of the Criminal Act of the choice of punishment against the facts of crime (abstinence, choice of imprisonment), Article 330 of the Criminal Act (abstinence of a structure at night) and Article 366 of the Criminal Act (abstinence of property damage and choice of imprisonment);

1. Two crimes (the scope of recommending punishment) in the mitigated area (from August to January 1), in the mitigated area (from August to June 1), in cases where a person subject to special mitigation intrudes into a place other than indoor residential space (the person subject to special mitigation) in the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act on the grounds of sentencing (the scope of recommending punishment) [the scope of punishment] in Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes.

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