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(영문) 인천지방법원 부천지원 2018.08.10 2018고단1325
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 11, 2018, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years and 6 months of suspended execution, and the above judgment was finalized on May 19, 2018.

[2] On February 18, 2018, at around 05:00, the Defendant: (a) opened and intruded a vinyl tent closed in the “D” office operated by the victim C in Seocheon-si; and (b) stolen, with 100,000 Won Scuad’s oral gift certificates and 16,90 U.S. dollars at the display place; and (c) 16,900 U.S. dollars at the display place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs, photographs of damaged places, and damaged objects photographs;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment to previous convictions, etc.), text of judgment, and application of the summary information-related Acts and subordinate statutes;

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

1. As for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution of the Criminal Procedure, the following circumstances are as follows: circumstances favorable to the defendant (the recognition of the crime of this case, the damage is not significant, and some damage is recovered), unfavorable circumstances (in case of intrusion into the office operated by another person at night, the criminal law is not good; the defendant has several times of criminal punishment for the larceny-related crimes including the same crime; the defendant does not agree with the victim); other factors, such as the defendant's age, environment, motive, method of the crime, method of the crime, circumstances after the crime, etc.; and the sentencing conditions specified in the records and arguments, such as the defendant's age, environment, motive, and crime of larceny at night, and the defendant was punished as larceny of a structure at night on the same day. In full view of the facts that the defendant could have been tried simultaneously with the case, a punishment is determined to be lower than the sentencing guidelines for larceny at night.

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