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(영문) 창원지방법원 통영지원 2019.05.07 2019고단170
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

Punishment of the crime

1. On December 31, 2018, the Defendant came to a D auction house managed by C, through through through through through through through a entrance opened for the purpose of stealing the catches in temporary storage for consignment sale, and stolen the catches with a 1 set of 20,000 won at the victim E-owned market.

2. On January 26, 2019, around 01:47, the Defendant intruded into an auction house with an entrance opened for the purpose of stealing the catches temporarily kept in custody for consignment sale at the place described in paragraph (1), and stolen the catches with three maths of the total market value of the victim F, which is the victim F, at that place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the CD-related Acts and subordinate statutes to eight on-site documentary evidence photographs, photographs of CCTV video data containing each crime, and each CCTV video data;

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense (a point of larceny at night);

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. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief [No. 4] thief [Special Convictf] thief] thief in general property: In cases of intrusion theft in general property, intrusion in places other than indoor residential space, and intrusion in places other than indoor residential space, no penalty shall be imposed [the area of recommendation and the scope of recommended punishment] , special mitigation area, and April through June;

(b) Class 2 crime (at night, determination of types) thief [Article 4] thief [Special Convictf] thief (special stief] thief] thief for general property: In cases of intrusion into places other than living types, indoor residential space, no penalty shall be imposed [recommended area and recommendation range] , special mitigation area, and April through June;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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