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(영문) 의정부지방법원 고양지원 2018.03.22 2018고단136
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. From around 01:00 on December 7, 2017, the Defendant stolen KRW 109,000,000, in total, four times, including, but not limited to, the following methods: (a) intrusion into the restaurant through the second floor window, on which the gas pipeline of the warehouse located behind the restaurant was not installed or corrected; and (b) having a 185,000 won in cash owned by the victim E, located in the one-story trucking depository; and (c) from around that time to December 18, 2017, the Defendant stolen KRW 10,000,000, in total, on four occasions, as described in the list of crimes in the attached Table.

2. On December 22, 2017, the Defendant attempted to larceny at night buildings into the “D” restaurant as indicated in paragraph (1) around 02:46, around December 22, 2017. Around December 22, 2017, the Defendant, like the description in paragraph (1), invaded the victim E’s cash located in the instant restaurant through the second floor window that was not corrected and did not correct the gas pipes of the warehouse located behind the said restaurant. However, the Defendant attempted to steals the cash owned by the victim E, which was located in the instant one story town depository. However, the Defendant failed to comply with the order due to the correction of the said credit cooperative.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to report internal investigation (the verification of CCTVs for committing a crime);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Types 4 (Special Sentencing Measures): Larceny of larceny against general property at night (special Sentencing Measures): In cases of intrusion upon places other than indoor residential space, non-permanent sources of punishment [the scope of recommended punishment] special mitigation area: Imprisonment with prison labor for up to 4 months and one year and six months;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment for four months to two years;

3. Determination of sentence: Imprisonment for a crime of the same kind by the defendant in six months;

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