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(영문) 서울동부지방법원 2019.07.08 2019고단1484
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 28, 2019, around 02:30 on April 28, 2019, the Defendant: (a) opened a restaurant for the operation of the victim C, which was located in Gangdong-gu Seoul Metropolitan Government 1st floor, with the entrance that was not set up, and stolen another’s property by putting 20,000 won of the victim’s possession into the csing machine, and impairing the structure managed by the person at night.

2. At around 02:50 on April 28, 2019, the Defendant: (a) opened pents in hand; and (b) opened pents through the entrance; and (c) intruded into the gate, and stolen another’s property by impairing the structure managed by the victim at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 330 of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] in general property [Special Convicted Persons] - Where intrusion into places, other than indoor residential spaces (the scope of recommendations and recommendations] - Where a person intrudes into places, other than indoor residential spaces, the scope of mitigation area], the scope of mitigation area, the imprisonment for August through one year and six months [the general person] - The factors of mitigation (the grounds of suspension of execution of sentence] - The serious reflectivity [the reasons of suspension of execution of sentence] - The general pride is insignificant, there is no criminal conviction or heavier than the suspension of execution, and

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence.

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