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(영문) 광주지방법원 해남지원 2017.03.02 2016고단499
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 24, 2016, at around 21:00, the Defendant: (a) entered the DNA occupation brokerage office operated by the victim C in the fourth floor of the building in South, South, South, west-gun, B; and (b) entered into the entrance and exit of the entrance; and (c) cut off a gallon with one 5,20,000 won or more on the gallon, which had a 5,000 won or more of the market price on the gallon, and one gallon with a 5,000 won or more of the street on the window.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to an investigation report (including data related to criminal time, including confirmation and accompanying documents of the Korea Meteorological Administration's sunset time);

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she intrudes into places, other than indoor residential spaces, in the mitigated area (from August to January 1) (special mitigated area) of Class 4 (Crime of Larceny) for general property;

2. In light of the fact that the Defendant committed the instant crime even though he had the record of punishment for the same kind of crime, and the fact that the Defendant did not reach an agreement with the victim, considering the favorable circumstances, such as the Defendant’s reflection, etc., the sentence shall be determined as ordered by taking into account all the factors of sentencing revealed in the trial process of the instant case, including the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime.

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