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(영문) 의정부지방법원 고양지원 2019.03.15 2019고단119
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

The Defendant, as an employee of the delivery company, was holding the key of the entrance of the “D” head office “D,” operated by the victim C in Gyeyang-gu, Goyang-gu, Yangyang-gu, with a view to theft of cash in the cash mouth located above the front line of the said head office.

On December 25, 2018, at around 02:45, the Defendant opened a corrective entrance as key to the above main point, and intruded into the main room, and 350,000 won in cash owned by the victim was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes on inland inspection (CCTV);

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

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

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons]: Where a person intrudes into any place other than indoor residential space, other than indoor residential space, the court shall not impose punishment [the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment with prison labor for April to June;

2. Determination of sentence: (a) the Defendant recognized the instant crime and reflects his mistake; (b) there was no record of punishment other than that sentenced once to a fine due to the violation of the Road Traffic Act around 1999; (c) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (d) other circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the sentencing specified in the records and arguments, including the circumstances after the commission of the crime, shall be determined as ordered by taking into account

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