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(영문) 서울서부지방법원 2019.08.14 2019고단1574
야간방실침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 5, 2019, at around 19:16, the Defendant, at the C Hospital Cancer Center No. 3 located in Seodaemun-gu Seoul Metropolitan Government, intruded the victim's inside through a door opened for cleaning after leaving the hospital, and carried out 38 of the market price, which is the victim's possession in the front state, and one book for surgery, one book for the recording of Matex 38 of the market price, and one food box for Mat 3.

Accordingly, the defendant invadedd the room managed by others at night, and stolen the property.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements of D;

1. A report on internal investigation (such as internal investigation, etc. to the other party of a victim) and CCTV-cap photographs;

1. Investigation report (the reporter's DNA currency) and investigation report (the confirmation of sunset time);

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special spofluor] mitigation element]: In cases of intrusion into places other than indoor residential space (in cases of intrusion into places other than indoor residential space, the area of recommending and the scope of recommending punishment] mitigation area, and in cases of imprisonment with labor for up to 8 months to 16 months;

3. Determination of sentence: Determination of a sentence lower than the lower limit of the recommended sentence based on the sentencing guidelines shall be made, taking into account all the circumstances on which the sentencing conditions indicated in the records of this case, such as six months of imprisonment, two years of suspended sentence, and the age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, etc.

3. Unfavorable circumstances: The circumstances that are favorable to the nature of the crime in light of the contents of the crime: The fact that there is no specific penalty power in addition to the one-time fine, and the fact that considerable part of the damage was temporarily returned without being much severe;

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