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(영문) 창원지방법원 통영지원 2015.07.24 2015고단392
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 17, 2014, the Defendant committed the crime of June 17, 2014, at around 04:00, at the “E” restaurant operated by the victim C and D in Busan Dongdong-gu, Busan, and the victims, employees, etc. left the restaurant, opened a window not locked to the restaurant, and intruded them inside the restaurant, and cut off cash of KRW 300,000, the victims, from the calculated-gu, U.S., to the victim’s possession.

2. On July 1, 2014, the Defendant committed the crime of July 1, 2014, at the above restaurant, which is the same place, around 01:13, the victim, employees, etc. left the restaurant and opened a locked toilet and intrudes them inside the restaurant, and then stolen cash register equivalent to KRW 150,000 at the market price, including one cash register of 88,000,000, which is owned by the victims on the settlement platform.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and C;

1. Each report on investigation;

1. Application of each on-site photograph and response to requests for appraisal;

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

1. Scope of recommending punishment according to the sentencing guidelines - Types 4 (Crime of Larceny) and 4 (Special Mitigation Period from April to June) for general property - In cases of intrusion into places other than indoor residential space, no penalty surcharge shall be imposed;

2. Determination of the sentence like the order shall be made, taking into account the fact that the degree of damage to the decision of the sentence is not significant, that is agreed with the victim, that there is no record of punishment for the same kind of crime, that is against the defendant, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment

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