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(영문) 인천지방법원 2017.09.26 2017고단5123
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

On June 22, 2017, at around 01:30 on June 22, 2017, the Defendant got in front of the construction site of the C Hospital located in Namdong-gu Incheon Metropolitan City, and went in front of the construction site of the C Hospital, and intruded into the site and stolen ten electric power lines equivalent to one million won in total at the market price managed by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning CCTV images, such as photographs of damaged articles;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment] 4 types of theft in general property [the special mitigated person] / [the (4) types] in the special mitigated area (4 to 1 year and 6 months), and in the case of intrusion in any place other than the indoor residential space, despite the suspension of indictment for similar crimes, the crime of this case is not likely to be committed. However, even if the suspension of indictment for a similar crime was imposed, it is hard to establish the crime of this case. However, it is decided as per the disposition in consideration of all the sentencing factors indicated in the arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, result, etc.

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