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(영문) 서울동부지방법원 2020.09.14 2020고단1773
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 2, 2020, at around 04:37, the Defendant confirmed that it was “D” operated by the victim C in Gangdong-gu Seoul Metropolitan Government B and 1st floor, and confirmed that it was irrelevant to the surrounding area, and invaded into the upper part of the tent installed to control the outside person’s access, and then carried out approximately KRW 110,000 (5,000 won (5,000 KRW 10,50 KRW 50 KRW 50,000 KRW 50 KRW KRW 50,000 KRW 20 per annum) that was being kept in cash.

Accordingly, the defendant invadedd the building managed by the victim at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written laws and regulations

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of types] for larceny [Type 4] for general property - for intrusion theft [Special Convicts] - Where a person has intruded into places, other than a living-type crime or indoor residential space [the area of recommendation and the scope of recommendation] - Special mitigation area, imprisonment with prison labor for up to four months and one year [the general person] - Reduction element: serious reflective factors - Major pride reasons - Living type crime - there is no criminal record of a stay of execution of imprisonment with prison labor or more, and serious reflective factors;

3. Determination of sentence: Four months of imprisonment and one year of suspended sentence;

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