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(영문) 수원지방법원평택지원 2020.11.17 2020고단1250
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 13, 2019, the Defendant: (a) intruded the victim D(year 46) at the night-time cab B and C’s night-type site on November 13, 2019; (b) invaded the crepit in the workplace by leaving the victim D (year 46) around 22:08; and (c) stolen the victim’s ownership by carrying 400 g of 2 million won on the vehicle.

2. On December 21, 2019, the Defendant: (a) intruded into a Fdong underground warehouse at the construction site of Pyeongtaek-si E apartment on December 21, 2019; and (b) stolen one GV cable in an amount of KRW 1,00,000 managed by the Victim G (year 36).

Summary of Evidence

1. Defendant's legal statement;

1. The application of the Acts and subordinate statutes on the cutting-off photographs of CCTV images to the victim’s respective written statements (the counter-investigations of the victim, the analysis of CCTV images), the investigation report (the attachment of a copy of the report on occurrence), the theft report (the theft of the report), and the investigation report (the investigation of H), respectively;

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

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

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

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

(a) Class 1 crime (at night, determination of types) thief [Article 4] thief [Special Convictf] mitigated element: Where a person intrudes into places, other than a living type, indoor residential space (the recommended area and the scope of recommendations] , special mitigation area, imprisonment with labor for up to 4 months and six months;

(b) Class 2 crime ( night decision on types of larceny) (limited to the thief) (limited to the 4th category), which is the element of larceny [special scief] (special scief) which is the element of larceny in general property: The area of mitigation of living-type crimes [referring to the area of recommendations and recommendations], and the area of mitigation of imprisonment with prison labor for up to

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for between August and February (the maximum limit of crimes No. 2).

3. Determination of sentence: Imprisonment;

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