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(영문) 의정부지방법원고양지원 2020.12.03 2020고단2440
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

At around 22:40 on July 20, 2020, the Defendant: (a) opened the back of the “D” among the “D” operated by the Victim C in Yongsan-gu, Youngdong-gu; and (b) intruded into the said restaurant, and thereby thefting the victim’s property by impairing the structure that is managed at night with approximately 200,000 won of the total market value, which is the victim’s ownership in the air conditioners, at approximately 10,000 won.

Summary of Evidence

1. Application of the Act and subordinate statutes on CDs attached to the criminal defendant’s legal statement C, the records of seizure and the list of seizure;

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

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

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property, intrusion larceny [Special Convicts] for mitigated elements: Indicator [the scope of recommending area and recommending punishment] mitigated areas, imprisonment with prison labor for August 1 and June;

2. A punishment shall be determined as per the disposition and its execution shall be suspended, in consideration of the fact that a crime is not based on professional methods, that is not based on the scale of damage, that the damaged goods have been returned (as agreed through the victim’s punishment), that has no fixed penal power, that is against mistake, etc. in light of the fact that the punishment is committed in the main sentence of a sentence being sentenced, and that there

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