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(영문) 광주지방법원 2018.06.21 2018고단1230
야간방실침입절도
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

On February 26, 2018, the Defendant, while running a game in the “E” entertainment room managed by the victim D in Gwangju Dong-gu C and the second floor in Gwangju-gu, Gwangju-gu, with a view to thefting cash, etc. of the gap in the victim’s jobs, in which the Defendant intrudes into the room inside the above entertainment room and 2,000 won in cash, and 10,000 won in the market price in cash, which was located in the said entertainment room, for the purpose of thefting cash, etc.

L. A. L. theft was committed.

Summary of Evidence

1. Written statements prepared in D;

1. An investigation report (related to the time of occurrence of the accident from sunset);

1. Application of Acts and subordinate statutes to one CCTV CDs;

1. Article 330 of the Criminal Act concerning the crime;

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection and punishment [the scope of the recommended punishment] : (a) the special mitigation area (from April to one year and six months) (in the event of intrusion upon general property) / [the special mitigation person] in any place other than indoor residential space, the amount of damages not to be punished (the decision of the sentence) is minor, the amount agreed with the victim is minor, and the father of the defendant is leading as a registered disabled person with intellectual disability 2 degree 2, the execution of the sentence shall be suspended; (b) the sentence shall be suspended, taking into consideration the following factors: (c) the defendant's intellectual disability and repeated similar power, etc., and (d) the protection and observation for the prevention of recidivism shall be conducted.

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