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(영문) 서울동부지방법원 2016.03.10 2015고단3390
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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

1. From September 17, 2015, the Defendant: (a) around 19:30 on September 17, 2015, in front of the “E” operated by the victim D in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “E”); (b) opened a entrance and intruded the entrance by using the previously kept key.

Then, at the request of F, G, and H, the victim's market value of KRW 2,00,000 owned by the victim was cut off, and then I had the victim's share of KRW 2,00,00,00, and then, I stolen the truck by having I carry the above land-saving apparatus on the truck he drives.

2. On September 18, 2015, the Defendant: (a) at the place indicated in paragraph (1) at around 13:00, the Defendant: (b) at the request of two members of F and a half-person in secret name; (c) had the victim D-owned roller with property equivalent to KRW 2,80,000 in total market value, such as one strawer, one strawer, etc.; (d) had the victim D-owned strawer and one strawer, etc.; and (e)

Summary of Evidence

1. Statement by the defendant in court;

1. A, J, K, L, I, or a protocol concerning the examination of a police officer for M;

1. Each police statement made to D or N;

1. A written statement in K and I;

1. Police seizure records;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Scope of the recommended sentence;

(a) Group 1 (the scope of punishment for the theft of any structure at night) - the scope of punishment for the theft of general property - the area of special mitigation (4 months to one year and six months): - Where there is a special mitigation reason especially for taking into account the participation in the crime, and where there is an intrusion into any place other than an indoor residential space;

(b) Scope of punishment for Class 2 (Larceny) offenses - 2 (General thief) mitigation area (4 months to October) - Special mitigated person: Where there are grounds for special consideration in participation in the commission of crimes;

(c) the final sentence scope resulting from the aggravation of multiple offenses:

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