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(영문) 의정부지방법원 고양지원 2014.11.27 2014고단1597
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

1. At night, around 04:20 on May 4, 2014, the Defendant: (a) intruded through open windows, which were located in Yongsan-gu B, Goyang-si; and (b) the victim C’s “D” restaurant operated by the victim C; and (c) stolen cash worth KRW 300,000,000, which was the victim’s possession in the safe.

2. A thief: (a) around 04:30 on June 21, 2014, the Defendant: (b) entered the F SP car, which was parked on the agricultural following the agricultural community located in Yongsan-gu, U.S., U.S., U.S.; (c) and (d) stolen cash amounting to KRW 2,00,000, which was owned by the victim G in contact heading.

3. On June 21, 2014, the Defendant: (a) was able to steal goods on a passenger car; (b) was parked in the direction of the Simsan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “the Defendant’s attempted larceny”); (c)

Summary of Evidence

1. Statement by the defendant in court;

2. A written statement of C, G and I;

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

1. Relevant legal provisions for crimes, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act;

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

3. The reason for sentencing under Article 62(1) of the Criminal Act, including the method and content of the instant crime, are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized all the facts charged in this case, the degree of damage caused by the crime in this case is not significant, and the fact that the defendant has no record of crime is an element of sentencing favorable to the defendant.

Furthermore, the sentencing guidelines as shown in the arguments, such as Defendant’s age, character and conduct, and environment, were taken into consideration, and also referenced to “the sentencing guidelines for larceny crimes” prepared by the Sentencing Committee

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