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(영문) 수원지방법원 여주지원 2013.09.09 2013고단723
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 22, 2013, the Defendant: (a) infringed on a restaurant with no person at night, and was in front of the “Ecafeteria” operated by the victim D in Echeon-si; (b) opened a corrected window and intruded into the said restaurant with a cash of KRW 300,000,000 owned by the victim and stolen it; and (c) by such method, from September 11, 2012 to the said date, the Defendant stolen property worth KRW 11,535,000 in total, as written in the list of crimes, from September 11, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, F, G, H, I, J, K, L and M;

1. CCTV images;

1. Records of thief photographs;

1. Confirmation of fingerprinting and personal identification of theft cases;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [the scope of punishment] : (a) one month to fifteen years [the decision of sentencing] from one month to one year [the decision of sentencing] thief] thief thief thief thief thief thraf thief thraf thief thraf thief thraf thraf thraf thraf] : Where there is no special person under special mitigation: Where he intrudes into places other than indoor residential space [the scope of recommending punishment] 8 months to one year and six months [the scope of revised punishment] 8 months from two years to nine (the scope of punishment sentenced by multiple guidelines / the maximum scope of punishment sentenced by imprisonment with prison labor for basic crimes / 2 months from the highest maximum scope of punishment among other crimes / [no general person subject to suspended sentence] / no positive reason for general mitigation /6]

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