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(영문) 청주지방법원 제천지원 2018.05.31 2018고단74
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 25, 2017, at around 23:00, the Defendant: (a) opened the entrance of the “cafeteria” operated by the victim C on the first floor of the city B market in Seocheon-si, 201; (b) obstructed the property, but did not have any money or goods to be stolen; (c) did not commit an attempted crime; (d) from that time to July 25, 2017, the Defendant attempted to steal or steal the property on five occasions, such as the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, C, and G;

1. Investigation report (the confirmation of a place where additional damage is inflicted);

1. The application of Acts and subordinate statutes to investigation reports (the application of CCTV photographs taken by a victim at a H cafeteria at the time of theft of money or goods);

1. Relevant Articles 330 (a thief by intrusion on a structure at night) and 342 and 330 (a thief by intrusion on a structure at night) of the Criminal Act concerning facts constituting an offense under the relevant provisions of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim E with the largest offense)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing criteria shall not be indicated separately because it is not subject to the sentencing criteria; and

(a) A person subject to special mitigation (four months to one year and six months) in the area of special mitigation for the larceny of theft against general property (infence against victim E) : Where he/she intrudes into any place, other than an indoor residential space, in which he/she is not subject to punishment or intrudes into such place;

(b) Persons subject to special mitigation (four months to one year and six months) in the area of special mitigation for the theft against general property (the theft against victim D at night) : Where he/she intrudes into any place, other than an indoor residential space, for living penalty or indoor residential space;

(c) The scope of final sentence due to the aggravation of multiple offenses: four months to two years and three months;

2. The circumstances under which the sentence of sentence is rendered, and the age, occupation, sex, family relationship, and post-crime of the defendant.

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