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(영문) 수원지방법원 2016.09.22 2016고단4411
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 02:18 on December 4, 2009 to 04:18 on the same day, the Defendant invadedd the above building 15 stories, 11 stories, and 9 stories, which were not corrected, into the building B in Gangnam-gu Seoul, Gangnam-gu, Seoul, and then stolen the above building 15 stories, 11 stories, and 9 stories, such as the victim C, etc., who are 18 members of the market price of 180,000 won in total, such as the list of crimes in the attached list, with 11 items and 10 external hicks, where the market price is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of thief incidents;

1. A report on initial measures against the theft case;

1. A stolen accident list and a stolen accident list;

1. Application of Acts and subordinate statutes on site flags and field photographs;

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense (a thief for intrusion at night);

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment) (the mitigated punishment) for general property: The mitigated area (the special mitigated person from August to one year) (the special mitigated person) (the fourth type) for the larceny outside the indoor residential space;

(b) A Class 2 crime (the scope of recommended punishment) for general property: (a) for the larceny area (the mitigated area of August to January) (the specially mitigated person) (the special mitigated person) for the larceny area outside the indoor residential space; (b) for the larceny area (the four types);

(c) Class 3 Crimes / [Scope of Recommendations] 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 th th th th th th th th th th th th th th th th th th th th th th th

2. The defendant, who has invaded upon the office at night, stolen the property of several victims. When considering the method and frequency of the crime, the number of victims, etc., the crime is deemed inferior.

In addition, the defendant did not agree with the victims until now.

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