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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단2193
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

At around 01:00 on August 2, 2014, the Defendant opened and intruded into “E” restaurant operated by the victim D located in Yongsan-gu, U.S., U.S., U.S., U.S., and had a cash of KRW 30,000 in the market price of the victim D, which was located in the settlement unit, and had a cash of KRW 25,000. From that time, the Defendant attempted to steal or steal the victims’ property by impairing a structure at night until September 23, 2014, such as the list of crimes in the annexed sheet.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement to F, G, H, I, and J;

1. Written statements of K, L, M, D, and N, and written statements of the victim's statement by the prosecution;

1. Investigation record of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Articles 330 (Occupancys at Night) and 342 and 330 (Attempted Larcenys at Night) of the Criminal Act concerning facts constituting an offense;

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Sentencing criteria;

A. Crimes (1) 1 - Crimes No. 14 [the scope of recommendations] / Crimes No. 14 [the scope of recommendations] in general property / [the mitigated area (8 to 1.6 months)] in the mitigated area (8 to 1 year and 6 months) (a special mitigation (a special mitigation)] in cases where a person intrudes into a place other than an indoor residential space (a four types), in cases where a person carries a penalty / deadly weapon, or in cases where a person carries a night-time damage, residential intrusion, or in cases where a person intrudes on a night-time damage, or in-time damage, or in-time damage, etc. (4 type) - 2 crimes No. 6 [the scope of recommending punishment] in the mitigated area (8 to 1 year and 6 months) [the scope of recommending punishment] in the mitigated area (a special mitigation] [3] in cases where a person intrudes into a place other than an indoor residential space (the scope of recommending general property].

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