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(영문) 인천지방법원 2019.05.16 2019고단1045
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 2, 2018, at around 01:15, the Defendant intruded into a restaurant in front of the “Dcafeteria” operated by Kimpo-si B, Kimpo-si, beyond the fenced fence, and then, the Defendant, a victim’s market value, was 1,000,000 won, leading up to about 1,000,000 won of the victim’s market value, and stolen the Defendant’s vehicle.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. A written statement prepared in C;

1. Reports on internal accidents (to track and specify suspected vehicles);

1. Application of CCTV photographs to the crime scene;

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

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

1. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for violation of general property]: In cases of intrusion upon places, other than indoor residential space, no penalty shall be imposed [the scope of recommending area and recommending punishment], special mitigation area, imprisonment with prison labor from April to June;

2. Although it is not good in light of the background and motive of the instant crime, method and repetition of the crime, etc. of this case, which was committed by intrusion upon a restaurant at night, towing and selling it, the punishment as ordered shall be determined by taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, character, conduct and environment, health conditions, and circumstances after the commission of the crime, etc., and all the circumstances revealed in the records and arguments, including the Defendant’s age, character, conduct and environment, the circumstances after the commission of the crime.

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