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(영문) 수원지방법원 성남지원 2019.06.04 2019고단376
야간건조물침입절도
Text

A defendant shall be punished by imprisonment 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

Criminal facts

Some of the facts charged were corrected.

On January 16, 2019, at around 01:18, the Defendant entered the entrance door of the “D” restaurant operated by the victim C in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, with two times, the Defendant occupied the entrance door of the “D” restaurant, and occupied it by two times the total market value of the victim, such as one half-stringer, one stringer, six strings, and two excessive 2.

Accordingly, the defendant stolen another's property by intrusion upon a structure that people receive at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the details of transactions, such as each CCTV image closure photograph (27, 28 pages of investigation records), and specifications of each CCTV image;

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

1. Scope of the applicable sentencing under the Act on the Reasons of the Suspension of Execution under Article 62 (1) of the Criminal Act: The scope of the applicable sentencing according to the sentencing guidelines from January to ten years [decision of types]; the scope of the recommended punishment pursuant to the sentencing guidelines; the theft of general property [No. 4]; intrusion theft [special sentencing factors]: In a case where intrusion upon a place other than indoor residential space, the mitigated punishment is not [the scope of the recommended punishment and the recommended punishment]; the special mitigation range of the punishment [the range of the recommended punishment and the recommended punishment]; the special mitigation range of the punishment [the grounds of the suspended sentence] from April to one year and six months [the person who is a general person] [the grounds of the suspended sentence]. At least twice: the sentence of the suspended sentence was sentenced before the suspended sentence: the defendant in four months; the suspended sentence one year, after having been sentenced four times or more to imprisonment with prison labor for the larceny crime, opened a door at night stores without any limit; and brought about a considerable amount of nine won and nine nine won of the goods inside the shop.

This is considered as the main circumstance, but the defendant shows the attitude of recognizing and opposing the defendant's wrong, and the defendant does not want the defendant's punishment by mutual consent with the victim in the investigative agency, and the defendant is each above.

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