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(영문) 광주지방법원 2015.05.06 2015고단785
야간건조물침입절도
Text

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

1. On December 20, 2014, the Defendant, at around 03:00 on December 20, 2014, stolen property worth KRW 267,00,00, total market value, including KRW 100,000,00, cash 10,000 in a payment box, and tobacco 10,000, in a “D” restaurant operated by the victim C, which was located in Yongnam-gun-gun, Youngnam-gun, Inc. (hereinafter “D”).

2. On December 27, 2014, the Defendant committed the crime, around 03:55 on December 27, 2014, at the “G” restaurant for the operation of the victim FF in Yong-Namnam-gun E, Jeonnam-gun, the Defendant: (a) opened a cafeteria without a locked restaurant; and (b) stolen KRW 100,000 in cash owned by the victim in the saving depository.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of victims;

1. Application of each statute on photographs;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing guidelines set forth in Article 62 (1) of the Criminal Act (including the history of a crime of the accused, the fact that the accused is against himself, the fact that damage has been recovered, the family relation, etc.) of the suspended execution (Article 62 (1) of the Criminal Act) of the Sentencing (Article 62 (1) of the Sentencing), (1) of the Sentencing types 4 (Scope of Recommendation / [Article 4-1] of the Special Mitigation Zone (Article 4-1 year and 6 months), a living-type crime (Article 4) of the Special Mitigation Zone (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Sentencing), a crime committed against the accused, the scope of punishment for the accused's family). The scope

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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