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(영문) 창원지방법원 통영지원 2018.01.10 2017고단1528
야간주거침입절도
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 June 15, 2017, around 04:58, the Defendant: (a) intruded into the said restaurant through the back of a cafeteria operated by the injured party C, which had not been corrected; (b) and (c) stolen the 4 C having 12,00 won of the market price, which is the victim’s market price located in the cooling house of alcoholic beverages located in the said restaurant; and (d) stolen the 4 C having 12,000 won.

2. On July 19, 2017, at around 02:20, the Defendant: (a) intruded into a D restaurant operated by the victim C at the place specified in the foregoing paragraph (1) and stolen it by having the victim-owned share of the total market value equivalent to KRW 16,00,00, which is the victim-owned in the air conditioners of alcoholic beverages located in the said restaurant; (b) Category 3 C C C C C C C C C C C C C C C C C C, 1 C C C C C C C C C C C C C C, 1 C C C C C C C C, and 1 can C C C,

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on internal investigation (attaching photographs of damaged articles);

1. Investigation report (verification of a victim's residence);

1. Investigation report (Attachment of photographs of the scene of crime);

1. Application of Acts and subordinate statutes to a report on investigation (the confirmation of CCTV images recorded on the face of a crime);

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the mitigated area (eight months to one year and six months) of the mitigated area (the special mitigated person] in cases where he/she intrudes into places other than indoor residential spaces (the four types).

3. The fact that the defendant who has been sentenced to a suspended sentence of imprisonment for the same crime is under the disadvantage of the defendant.

On the other hand, various sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, such as the fact that the amount of damage is not significant, and the victim intrudes into a place other than the space where the victim resides, etc.

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