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(영문) 광주지방법원 2016.08.25 2016고단2697
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 11, 2016, around 3:10 on June 3:10, 2016, the Defendant: (a) committed theft with the cash amounting to KRW 450,000,000, in cash owned by the victims of the damage in Gwangju Dong-gu, by opening the entrance by inserting the upper body into the window in which the victim was temporarily locked, and exposing it into the entrance by releasing the lock door from the door; and (b) by cutting down the lock door from the door.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the photographic statement related to the case

1. The reason for sentencing under Article 330 of the Criminal Act in relation to facts constituting an offense [the scope of recommended punishment] Where the mitigated area (from August to January to June) of the mitigated area (special mitigated) [the special mitigated person] intrudes into any place other than indoor residential space (the decision of sentencing] [the decision of sentencing]] Defendant was sentenced to a suspended sentence of eight months for imprisonment with prison labor for night buildings and larceny at the Gwangju District Court on August 29, 2013, and three years for a suspended sentence of eight months for whom he/she was sentenced to a suspended sentence.

9.6. The judgment became final and conclusive, and on July 31, 2014, the same year as imprisonment with prison labor for special larceny is suspended for six months in the same court;

8. As long as the Defendant committed the instant crime, which was established only by the statutory penalty for a second time without being aware of the fact that the judgment became final and conclusive, the sentence of imprisonment is inevitable for the Defendant.

However, the defendant's cash that was stolen is relatively small amount of 4.5 million won, the fact that the defendant agreed with the victim, and other various sentencing conditions, such as the defendant's age, sex, environment, etc., shall be determined by exceeding the lower limit of the recommended sentence on the sentencing guidelines, and such punishment shall be determined as the order.

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