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(영문) 수원지방법원 2017.10.26 2017고단6064
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

1. On August 21, 2017, around 01:05, the Defendant: (a) at the D convenience store located in Ssung C at night, around 01:05, the Defendant: (b) when, after completing the business of the Victim E to lock the entrance; (c) and (d) was considered to have set up the door under the Plastic, fixing the key behind the convenience point, and then, (d) coming out of the Plastic shop near the above convenience point, it was said that the Defendant laid down the door at the Plastic shop. On the same day, around 01:53, the Defendant: (a) opened the convenience store and intruded the door with the key hidden by the victim; (b) KRW 405,00,00 and KRW 75,00,00 for cultural gift certificates, market value of KRW 90,000,000 for tobacco equipped with 700,000 for the market value.

2. A thief: (a) on September 1, 2017, the Defendant was parked in a parking lot for the F building in Y5 vehicles located in Y, the victim G owned in Y, Y., the Defendant: (b) on September 1, 2017; (c) opened a front door door of the foregoing vehicle without any cresh; and (d) took two 10,000 won in cash, the victim’s possession, at the wall located in the inner storage space of the driver’s seat; and (e) took up two b/10,000 KRW

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Application of Acts and subordinate statutes on the details of 112 reported, on-site photographs, and details of 112 reported;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. Grounds for sentencing of concurrent crimes as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment heavier than that prescribed by larceny at night);

1. Application of the sentencing criteria;

(a) Class 1 crime (explosive theft at night), [Scope of recommended punishment] thief for general property, where the area of special mitigation (from April to one year and six months) (special mitigation) is intruded into any place other than indoor residential space (type 4)

B. The mitigation area (one to six months) of the mitigation area for the theft of the Class 2 crime [the scope of recommended punishment] of general property (the theft, such as abandoned water, etc.) is a livelihood.

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