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(영문) 서울남부지방법원 2015.06.23 2014고단5047
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From around 00:55 on July 17, 2013 to around 01:43, the Defendant opened and intruded the entrance of the church by cutting the keys from the 6th floor of the Dac Building in front of the corridor in Kimpo-si, Kimpo-si, and then removed the lock-out system of the drackter using the drack to bring about a theft of KRW 300,000,000, which is the cash owned by the members of the dracks association.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to field photographs and CCTV photographs;

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

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the following)

1. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [Scope of Recommendation] The mitigated area of Type 2 (General Larceny): From April to October (Special Mitigation) of the Act on the Punishment of Larceny [Determination of Pronouncement] Defendant repeated the instant crime even though he had the record of having been punished several times due to the suspension of sentence, sentence, or sentence for the same thief.

The contents of the crime are also those of theft of cash that intrudes into the church building and cancels the locking system and unconstitutionality, and the quality of the crime and the circumstances are not easy.

However, in consideration of the circumstances, such as the fact that the defendant is unable to engage in normal economic activities due to disability, such as cerebral paralysis, and led to a crime in an economically poor condition, the amount of damage is not large, and the confession and seriously reflects on the crime, a sentence of suspension of execution, such as the order, shall be imposed only once, but probation orders shall be issued to prevent recidivism and promote sound rehabilitation to the society.

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