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(영문) 인천지방법원 2014.10.14 2014고단3879
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

The Defendant works as a gas station at the “D gas station” in the operation of the victim C located in Bupyeong-gu Incheon Metropolitan City from March 2013 to March 2014.

It did not find a well-known distance after the stop, and it did not see that the person has the key to the above gas station office in the economy, thereby thefting cash in the safe.

On May 11, 2014, at around 02:44, the Defendant opened and intruded into the office door using the key in front of the above gas station office, and brought up 60,000 won in cash from the credit cooperative located in the calculation unit, as described in the attached list of crimes, and carried out the cash amounting to 390,000 won in total four times from around that time until May 21, 2014, as described in the attached list of crimes.

Accordingly, the defendant invadedd the victim's structure at night, and stolen the property owned by him.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to CCTV editing data;

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

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

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Act, the first-class crime [Scope of Recommendation] : the fourth-class special mitigation area (4-1-6 months) for general property ; the second-class crime (4-type), in the case of intrusion upon a living-type and a place other than indoor residential space (4-type) for general property / the fourth-class special mitigation area (4-1-6 months) for general property / the fourth-class special mitigation area (4-type special mitigation), and the third-class crime (4-type), in the case of intrusion upon a place other than indoor residential space (4-type) for general property / the fourth-class special mitigation area (4-16 months) for general property / the fourth-class special mitigation area (special mitigation area) (4-1-6 months) for living-type and indoor residential space (4-type).

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