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(영문) 서울동부지방법원 2020.01.06 2019고단3347
야간건조물침입절도
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 became final and conclusive.

Reasons

Punishment of the crime

On September 24, 2019, around 04:10 on September 24, 2019, the Defendant entered a 'D' restaurant operated by the victim C in Gangdong-gu Seoul Metropolitan Government, and carried 200,000 won in cash, which is owned by the victim in the said restaurant, through the window that was not corrected by the owner of the said restaurant.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on police seizure records;

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 the recommended punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property; - intrusion larceny [Special Convicts] - mitigated elements: In cases of intrusion into places other than indoor residential spaces, non-permanent mitigation areas, [the scope of the recommended area and the recommended punishment] special mitigation areas, imprisonment with prison labor for up to four to one year [the general person] - mitigated elements: Influence [the grounds for suspension of execution] - Major prides: Influences not to punish - General pride grounds: Influence

3. Determination of sentence: Six months of imprisonment and two years of suspended sentence;

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