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(영문) 광주지방법원 해남지원 2019.08.22 2019고단184
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. From December 4, 2018, the Defendant: (a) around 21:00 on December 4, 2018, the Defendant: (b) opened a entrance at a “D” restaurant operated by the victim C in the Gangnam-nam Navy B; (c) opened the entrance; and (d) intruded into the entrance; and (d) stolen it with one knife with the victim’s market price in the main room in the restaurant.

Accordingly, the Defendant invadedd the structure managed by the victim at night, and stolen the property owned by the victim.

2. The Defendant was aware of the knife of the knife, such as the time and time as mentioned in the preceding paragraph, at the same time and at a place as mentioned in the preceding paragraph, and caused the knife of the knife to the victim C (nife, 51 years old), and took a knife of the knife (23 cm in length, 12 cm in length, 12 cm in length), which is a dangerous thing, and took a knife to the victim, and took a knife as the knife, “the victim reported to the police station.” The victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant carried dangerous objects and inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes concerning field photographs and CCTV images closure photographs;

1. Article 330 of the Criminal Act, Articles 258-2 (1) and 257 (1) 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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Night time buildings, thief (decision of type] thief; general property;

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