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(영문) 창원지방법원 2019.05.23 2019고단935
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 20, 2019, at around 04:52, the Defendant: (a) opened the “D” restaurant operated by the victim C in Kimhae-si B; (b) opened the said restaurant’s female toilet window by taking advantage of any cresh in which he/she had his/her mind to steal cash and carried out business; and (c) intruded inside the said restaurant; and (d) stolen KRW 50,000 in cash in the said place’s simplified safe.

2. At around 03:00 on March 26, 2019, the Defendant: (a) opened a cafeteria cafeteria operated by the Victim F in Kimhae-si, Kim Jong-si, using any cresh in which the Defendant had a mind to steal cash, opened the cafeteria cafeteria and intruded into the said cafeteria, thereby intrusion inside the said cafeteria; and (b) cut off with approximately KRW 2 million in cash and KRW 30,000 in cash stored in the cash storage of the cafeteria at that place.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement in C and F;

1. Seizure records;

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

1. Relevant Article 330 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion larceny [Special Convicted Persons] for intrusion into places other than indoor residential spaces: In cases of habitual crimes (in cases of intrusion into places other than indoor residential spaces, the area of recommending punishment and the scope of recommending punishment], and in cases of habitual crimes, eight months through one year and six months;

2. Determination of sentence: A normal condition favorable to a year of imprisonment: A person who has committed each of the crimes of this case without being well aware of the fact that he/she has been convicted of having committed the same criminal records including the previous criminal records, and that he/she has committed the same offense;

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