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(영문) 의정부지방법원 2017.12.20 2017고단4533
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 5, 2017, at around 02:00 on June 5, 2017, the Defendant: (a) opened an entrance door behind the building that was not corrected at night by means of any crepits; and (b) intruded into the above section, which is the victim’s possession in the saving depository located in the front of the building; and (c) stolen the said section with 90,000 won in cash, which is the victim’s possession in the front of the building; and (d) with 7,000 won in total of the market value, which is the victim’s possession in the main bank located in the front bank.

2. On June 11, 2017, the Defendant: (a) around 03:55, around June 11, 2017, at the control point of the operation of the above victim; (b) opened an entrance behind the building that was not corrected at night; and (c) invaded into the above control point; and (d) stolen the cash, which is 90,000 won, owned by the victim in the credit cooperative for the location of the area where the victim was located.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning attachment of CCTV images, seizure records, and seizure lists to E;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of applicable sentences under the law] [the scope of applicable sentences under the law] imprisonment with prison labor for not more than 15 years (a decision of type] [the special sentencing person] each element for mitigation of theft against general property among each thie group: ① Where a person intrudes into a place other than indoor residential space, ② In the area where punishment is not to be mitigated [the scope of recommended punishment], ② each area where two or more special mitigation persons exist from August to June [the scope of punishment], respectively, from April to April, [the scope of the recommended sentence], the minimum of the sentence shall be mitigated by 1/2, and the imprisonment with prison labor for not more than one year and six months [the application of the standards for processing multiple crimes] from April to June [the imprisonment with prison labor for not more than one year and six months]] from January to June [the sentence].]

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