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(영문) 인천지방법원 부천지원 2019.06.13 2019고단772
야간건조물침입절도
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:50 on January 8, 2019, the Defendant: D’D operated by the victim C in Seocheon-si B; at the top of D’, the victim left the school to walk the tent used as the entrance of the store at the top of the store while leaving the school, and intruded into the inside, and thereby thefted KRW 20,000,000 at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to CCTV video data for committing a crime;

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

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

1. The scope of recommendations on the sentencing guidelines [decision of types] the scope of recommendations (decision of types] for larceny in general property; mitigation area (in cases of intrusion into places other than de facto residential spaces), mitigation area (in cases of violation of places other than de facto residential spaces), 8 months to 1 year and 6 months;

2. Determination of sentence: Determination of sentence: 4 months of imprisonment, the method and background of intrusion into two years of suspended sentence, the degree of danger caused by intrusion, the content and value of the stolen goods, the fact that there is no record of punishment for the same kind of crime, the confession of the crime, the fact that the mistake is divided, and all of the sentencing conditions specified in the argument of this case, including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., are determined to be somewhat harsh to the defendant within the scope of sentence recommended by the sentencing guidelines set by the sentencing guidelines set by the Supreme Court, and thus, the sentence shall be set as the order, which goes beyond the lower limit.

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