Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
1. On June 13, 2017, at around 02:30 on June 13, 2017, the Defendant: (a) opened an unlocked warehouse door; and (b) intruded into the said place and stolen the cash owned by the victim and 50,000 won.
2. 피해자 E에 대한 범행 피고인은 2017. 6. 15. 03:30 경 부천시 F에 있는 피해 자가 운영하는 떡볶이가게에서 잠기지 않은 주방 창문을 열고 그 곳으로 침입하여 그 곳 카운터 동 전통에 보관 중이 던 피해자 소유인 현금 약 4만 원을 가지고 나와 절취하였다.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. Application of Acts and subordinate statutes to each CCTV photograph and photograph of crime scene verification;
1. Article 330 of the Criminal Act concerning the facts constituting an offense;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 crime (the scope of recommended punishment) 4 (Intrusion Larceny) special mitigation area (the special mitigation area from April to one year) / (the special mitigation person) in a place other than indoor residential space, and no penalty surcharge is imposed against general property;
(b) Class 2 crime / [Scope of Recommendation] thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th st st st st st st st
2. Circumstances unfavorable to the decision of sentence: The defendant has invaded upon another person's structure and committed a larceny; it is not good that the crime has been punished for the same kind of crime; the defendant committed the crime in this case even though he was in the period of suspension of execution; and circumstances favorable to the fact that he did not comply with the order to observe the protection: recognition of and reflect on the crime; the amount of damage is not significant; the details of the crime; the means of the crime; and the means of the crime.