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(영문) 인천지방법원 2018.02.22 2017고단7397
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From September 22, 2017, the Defendant: (a) around 03:40 on September 22, 2017, at around the frequency operated by the Victim B located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (b) took one shotter and two shots equivalent to KRW 80,000, which are the market value of the victim’s possession on his/her water tank; and (c) stolen the victim’s property on the Defendant’s vehicle.

Accordingly, the defendant stolen another's property.

2. From September 23, 2017, around 03:55, the Defendant: (a) intruded into a container warehouse managed by the Victim C in Seo-gu Incheon, Seo-gu, Incheon; (b) one of the 300,000 won prior to the ownership of the victim; and (c) one of the c00,000 won prior to the said container, which is owned by the victim; and (d) one of the 300,000 won prior to the said container;

In this regard, this was stolen.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny against a structure at night with heavier punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of the recommended sentences according to the sentencing criteria;

A. Basic crimes [Determination of Type] thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief thief stal

(b) Concurrent Crimes [Determination of Type] thief thief thief thief thief thief thief thief thief thief thief thief thief th

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