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(영문) 인천지방법원 2018.11.21 2018고단5002
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for four 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. "208 Highest 5002";

A. On May 23, 2018, at around 01:17, the Defendant infringed on the said restaurant by using the open toilet windows in Gyeyang-gu Incheon, operated by the Victim C, and then stolen the said restaurant with 170,000 won in the market value of the air conditioning, 10,000 won in freezing, 3 enlisted, and 3 enlisted, and 3 enlisted, respectively.

B. On May 25, 2018, around 02:30 on May 25, 2018, the Defendant intruded into the said restaurant in the same manner as indicated in paragraph (a), and stolen the said restaurant with 170,000 won at the market price stored in the air conditioners, 10,000, and 3 enlisted in the said cafeteria, and 3 enlisted in the same manner as indicated in the said paragraph.

2. From September 30, 2018, the Defendant: (a) around 02:35, Sept. 30, 2018, the Defendant: (b) intruded into the said warehouse by the gap between the victim G G in Gyeyang-gu Incheon Metropolitan City and the entrance doors of the warehouse opened in the victim H; and (c) opened one board in the column equivalent to KRW 3,000 in the market price owned by the victim G and one call at the market price equivalent to KRW 1,500 in the Plaintiff H owned by the victim.

Accordingly, the defendant stolen the victims' property by intrusion into the warehouse of the victims at night.

Summary of Evidence

No. 1 of the Judgment

1. Statement by the defendant in court;

1. Two crimes as shown in C’s written statement;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of H and G

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. Crimes No. 1 in the sentencing guidelines [the scope of the recommended punishment] 4 types of larceny (Intrusion) for general property (eight months to one year and six months) / [the scope of the recommended punishment] Crimes No. 2 in the judgment of living penalty [the scope of the punishment] for general property / [the scope of the recommended punishment] / [4 months to one year and six months] for the area of special mitigation (4 months to one year and six months] / [the scope of the final sentence due to the increase of the number of non-permanent offenders: 8 months to nine months.

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