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(영문) 전주지방법원 2017.02.09 2016고단1845
야간건조물침입절도등
Text

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

Reasons

Criminal facts

1. On July 8, 2016, at night, the Defendant: (a) entered a D underground warehouse located in Yasan-gu, Yasan-gu, Seoul on July 8, 2016, and intrudes into the said warehouse at the entrance without the entrance; and (b) placed the victim E in the said warehouse at the victim E-owned market at a 1.60,000 won, which he/she had prepared to be frightened to be frightened, in a non-robe, and then stolen it.

2. A thief: (a) around July 9, 2016, the Defendant: (b) at H operated by the Victim G G in Y in Yasan-gu, YY-si, the Defendant: (c) placed the victim’s business in front and then stolen the victim’s business in his/her clothes, which he/she prepared for a 120,000 won increase of the market price of the victim’s possession, in advance; and (d) cut off the victim’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes to each investigation report (related to photograph attachment, hearing of oral statements by E/I telephone);

1. Article 330 of the Criminal Act (a thief for intrusion on a structure at night) and Article 329 of the same Act (a thief for intrusion on a structure at night) concerning facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [the scope of recommending punishment] The basic area (one year to two years and six months) of Article 4 of the Act on the thth th th th th th th th th th th th th th th th th th th th th th th th th th th

However, in comprehensive consideration of all the favorable circumstances such as the fact that the defendant has divided his mistake, and the health conditions of the defendant, etc., the punishment shall be determined, as ordered, by exceeding the lower limit of the recommended punishment set in the sentencing guidelines, and the punishment shall be determined like the order.

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