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(영문) 수원지방법원 평택지원 2017.08.16 2017고단1377
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a travel visa (Visa exemption, B1) who entered Korea around June 22, 2017.

On July 1, 2017, the Defendant, while under the influence of alcohol on July 23:26, 2017, entered the D gas station located in the same city C, and went to the office without any change, with cash of KRW 471,000, which is owned by the victim E, and managed by the victim E.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of each statute on photographs;

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

1. Reasons for the sentencing of Article 62(1)(the following favorable circumstances) of the suspended sentence under Article 62(1)(the scope of the recommended punishment) of the Criminal Act / [the scope of the recommended punishment ] Where a person has intruded into a living-type crime or a place other than an indoor residential space (the special mitigated person] in the area of special mitigation [the special mitigated person] / (the decision of sentence : the fact that there is no agreement with the injured person] unfavorable circumstances: confession, reflectivity, the fact that most damaged articles are seized and returned to the injured person; other favorable circumstances such as the fact that the injured person is a crime committed by living: Imprisonment with prison labor for six months or more, and the fact that the injured person has been returned to the injured person: The sentence of sentence such as the defendant's age, family relations, and criminal

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