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(영문) 인천지방법원 2017.09.07 2017고단4928
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2017, the Defendant intruded with the home plus D, the first floor E, and opened a sub-head by using the two keys owned by the flat, and took up one set of Nowon-gu, in an amount equivalent to KRW 1,171,00, the market price of the victim’s right to the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the resolution of the company (15 Z970-G.A3HK) and one set of Nowon-gu, the market price of which is equivalent to KRW 1,870,00 (15 Z970-G.A.50K) in the amount of KRW 1,171,00.

In addition, the victim's property was stolen at least four times from around that time to around 26 of the same month, as in the list of crimes in the attached Form, including theft.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. On-site CCTV photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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 (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order / 【Recommendation Scope of Punishment】 The mitigated area of punishment [ August - 1st and June] for intrusion theft: In the event of intrusion upon a place other than an indoor residential space, the general mitigated person: there is no criminal record exceeding a fine in the above circumstances (the progress of installment payment following the mother’s guarantee). The fact that considerable damage (the progress of installment payment following the mother’s guarantee) was recovered; the fact that the person is under investigation relatively faithfully; and the fact that the additional justice is suitable for social treatment rather than detention in light of the relation of additional justice.

Determination of six months of imprisonment with labor lower than the lower limit of the recommended punishment shall be made, but the execution shall be suspended for a period of one year on condition that the protection and observation for the prevention of recidivism, the improvement of character and conduct, and community service

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