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(영문) 전주지방법원 2017.08.10 2016고단1537
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 13, 2016, at around 01:38, the Defendant: (a) opened and intruded a corrected entrance by a non-fluence; and (b) stolen KRW 200,000,000 in cash, owned by the victim in the Kabter where it had been located.

2. On July 18, 2016, the Defendant: (a) opened and intrudeed the corrective entrance in a n restaurant operated by the Victim M, and then stolen the entrance with cash of KRW 200,000,000,000, which was owned by the victim in the Kashter, at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements;

1. Police seizure records;

1. A report on internal investigation (attaching CCTV images, such as a suspect's theft surface, and photographs and data related to voluntary submitted items);

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of applicable sentences under law: From January to 15 years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] shall be limited to the scope of the punishment [the scope of the recommended punishment] in accordance with the sentencing guidelines, where the person involved in the theft committed in general property [the person engaged in special sentencing] is intruded in any place other than indoor residential space (the scope of the recommended punishment] / Where the person intrudes in any place other than indoor residential space (the scope of the recommendation punishment] from April to June 1.

3. Although there are favorable sentencing conditions, such as the fact that the Defendant, who was sentenced to the sentence, committed soup, making soup, etc. after committing an occupational embezzlement, and committed the instant crime, and the theft amount was not significant, it is reasonable to impose a sentence on the Defendant in full view of the circumstances such as the fact that the Defendant had the record of being sentenced to the suspended sentence for the same crime, the damage has not been recovered, and the damage is deemed to lack of social ties.

Determinations shall be made.

The term of punishment shall be determined as per the disposition, in consideration of the aforementioned conditions of sentencing, the age, sex, environment, etc. of the defendant.

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