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(영문) 인천지방법원 부천지원 2019.05.24 2019고단244
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 21, 2018, at around 06:35, the Defendant: (a) opened and intruded a stack which was not corrected for the victim C’s damage in the Bupyeong-si B market; and (b) stolen the Defendant with cash of KRW 1,000,000 in the Bashes left above the front line.

Accordingly, the defendant invadedd a structure at night and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on occurrence of a crime, theft, and photograph;

1. Application of Acts and subordinate statutes to investigation reports (verification of time during day and reporting on confirmation of damaged goods);

1. Where the reason for sentencing under Article 330 of the Criminal Act of Article 330 of the relevant Act concerning criminal facts has been [the scope of recommending punishment] the mitigated area (8 to 1 year and 6 months) of types of larceny (special mitigation) (8 to 1 year and 6 months) (special mitigation) [the decision of sentence] the defendant has the history of having been punished for the same kind of crime, the fact that the defendant has not agreed with the victim (the submitted agreement is confirmed to have not been prepared by the victim), etc., and is sentenced to imprisonment.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant reflects the mistake; (b) the motive and background of the crime of this case; (c) intrusion into places other than the indoor residential space; (d) the amount of damage; (e) the circumstances after the crime; and (e) the age, character and conduct, family relationship, and economic circumstances

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