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(영문) 수원지방법원 2019.02.14 2018고단7211
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On November 8, 2018, at around 01:26, the Defendant came to a 'D' restaurant of the victim C operation in Suwon-si B, Suwon-si, and then went to the 'D' restaurant with the string of the entrance by the string of the string of the string of the 2010,000 won, and then stolen it with 2 factorings equivalent to approximately KRW 100,000,000, the market price of the victim's possession.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. A report on occurrence of a disease (or attempted larceny at night);

1. On-site CCTV-proof reports;

1. Each investigation report (presumed escape and suspect tracking);

1. Application of Acts and subordinate statutes to records of field photographs, CCTV photographs, and CCTV photographic records;

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending sentence] / [the scope of recommending sentence] : the special mitigation area (4th to 1st June) for general property / [the case where a person subject to special mitigation] intrudes into a living type, a place other than an indoor residential space (4th type), and the scope of sentencing comparison with the recommended sentence: April to one year and six months (decision of sentencing] : A sentence which is unfavorable to the defendant; A sentence which is identical to the defendant and five times. The circumstances favorable to the defendant: The above special mitigation area.

The degree of damage is minor, minor, or minor, and reflects. There is no longer criminal record of suspension of execution. In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act are comprehensive.

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