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(영문) 전주지방법원 2020.10.28 2020고단791
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. A thief: (a) around 16:00 on July 1, 2019, the Defendant: (b) stolen each of the goods worth KRW 48,000, totaled eight times from the time on eight occasions, as indicated in the list of crimes, from the time on January 4, 2020, by inserting two electric wires at the market price equivalent to KRW 2,00,000, which is the victim’s ownership, in the “D stores” operated by the victim C, which was located in B at the front city of 16:0,000, by taking advantage of the gaps of surveillance by the victim’s surveillance.

2. On February 24, 2020, the Defendant: (a) around 18:44 on February 24, 2020, at night, 18:44: (b) at the “D store” operated by the victim C, the Defendant: (c) had the victim C, who was located in Yansan-gu B; (d) had the victim’s cellular phone softenert with intent to steals the cell phone amounter; (e) had intruded the said D shop through the entrance most open to the customer; and (e) had the victim’s cell phone case with the victim’s cell phone amounting to KRW 10,000 at the market price displayed in the first floor display stand; and (e) had four cell phone amounters with the cell phone amounting to KRW 30,000 at the market price, and stolen the total market price of KRW 30,000.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Records of seizure and seizure of respective E, F and C statements;

1. CCTV images, photographs, video photographs, video CDs, photographs, and the market price of damaged articles;

1. The application of Acts and subordinate statutes to report internal investigation (related to the rate of interest) and investigation report (1.4 related to the rate of crime);

1. Relevant Article 329 of the Criminal Act and Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing criteria; and

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