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(영문) 수원지방법원 2016.04.07 2016고단375
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On January 19, 2016, the Defendant: (a) at the main point of “D” located in Suwon-si C and Two stories at night around 02:38, on January 19, 2016; (b) opened a closed door and opened a closed door, and brought about KRW 601,800 in cash owned by the victim by opening a closed door, which is kept behind the seat c and any cresh.

Accordingly, the defendant stolen property by intrusion upon the victim's structure at night.

2. On January 24, 2016, at the main point of “G” located in Suwon-si F and fourth stories around 12:00, the Defendant: (a) opened and entered an open door that was not corrected using any cresh in which the victim H was set off and any cresh; and (b) brought about 20 bottles, such as Scarbs worth KRW 586,00,000, at the location of the victim located in the main air conditioning.

Accordingly, the defendant invadedd the victim's structure and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. A written statement of E and H;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 319 (1) of the Criminal Act (a point of intrusion upon a structure), Article 329 of the Criminal Act, and Article 329 of the Criminal Act (a point of intention) of the Criminal Act, and selection of punishment by imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 for the reason of sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] / [the scope of punishment ] 4 types for general property (in the case of special mitigation / from April to June) / (the special mitigation / 1) / In the case of intrusion into a place other than the indoor residential space, (the type 4) / the scope of punishment not punishable / [the scope of recommended / [the scope of the punishment] 4 types for special mitigation / [4 months to one year and six months] for general property (the special mitigation / 4 types) / 1 year and six months] for the area other than the indoor residential space; the scope of final sentence according to the aggravation of punishment not punishable for multiple crimes: April to February 2.

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