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(영문) 수원지방법원 안양지원 2016.12.02 2016고단1522
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 6, 2016, around 01:45, the Defendant intruded into the D Game Complex B operated by the victim C in Ansan-gu, Mayang-si, B, and taken up only 200 cash owned by the victim inside the Kabter.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the sentencing guidelines] - Special mitigation area (4 to 1 year and 6 months): - Special mitigation area (4 type) of general property: In cases of intrusion upon places other than indoor residential space (4 type), no penalty is imposed [decision of sentence] - Incompetence circumstances: It is not good that the nature of the crime of larceny committed by intrusion upon a structure at night to commit a theft. - Influence circumstances: the defendant's recognition of the crime, the victim does not want the punishment of the defendant, and there is no history of criminal punishment by the defendant.

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