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(영문) 제주지방법원 2020.08.21 2020고단1058
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor 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 September 2, 2019, at around 01:45, the Defendant opened a toilet window in which the victim C (the 27-year-old) operated in Seopopopo City B (the 27-year-old) was not locked, and intruded into it, thereby cutting down the amount of 2.70,000 won in cash located in the cafeteria’s credit cooperative, and thereby infringing on the structure at night, thereby thefting the victim’s property.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement E prepared by the police officer;

1. A written statement prepared in C;

1. Each investigation report (including attachment of field photographs / CCTV images and photographs for the purpose of crime prevention in the self-fagly coast) prepared by the police officer, and descriptions and images (including accompanying documents);

1. Application of each video statute to thief photographs related to theft;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Punishment under Law] 1 month to 10 years [Determination of Punishment] thief crime, theft against general property, theft against general property - mitigated element: In cases where a person intrudes into a place other than indoor residential space, he/she shall not be punished [general prisons] - mitigated element - there is no criminal punishment, 4 months to 1 year and 6 months [Scope of Recommendation] special mitigation area, 4 months from 4 months from 3 to 3 months from 4 months from 4 months from 36 months from 4 months from 2018, 4 months from 2016, and 4 months from 4 months from 2018: Damages without criminal punishment, i.e., positive general participation reason: damage, obvious and serious reflect [decision of Punishment] 4 months from 4 months from her imprisonment with prison labor, as if the defendant took a disposition to protect juveniles against him/her during the period of his/her normal commission.

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