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(영문) 수원지방법원 성남지원 2015.09.23 2015고단1519
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 14, 2015, around 03:00 on July 14, 2015, the Defendant: (a) was a “E” restaurant operated by the victim D located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu; (b) opened a door after the restaurant; and intrudes into the door; and (c) cut down 40,000 won in cash, which is owned by the victim, from the credit cooperative located in the account unit.

2. At around 23:00 on July 14, 2015, the Defendant discovered two copies of the credit card (new card: I, Hyundai Card: J) owned by the victim H, set on the soup floor at the Gaumba located in Sung-nam City, Sung-nam City, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D and H;

1. A photograph of a CCTV recording system to capture;

1. Application of Acts and subordinate statutes to report on investigation (with regard to the change of the amount of damage and the date and time of theft of credit cards);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night) in relation to criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do1348, Jan. 1,

1. Probation and community service order under Article 62-2 of the Criminal Act;

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