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(영문) 수원지방법원 2021.03.04 2020고단7090
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 202, 2020, the Defendant: (a) placed the victim’s mid-to-face No. 60 (one million won in Korean currency, and the exchange rate base at the time) in the office room of the victim D in the second-class office of the KIB in the SIB, the Defendant stolen and stolen the victim’s mid-to-face No. 60 (one million won in Korean currency, and one million won in Korean currency) in his own bank.

2. On September 14, 2020, around 19:44, the Defendant: (a) opened a door in the victim D’s office located in the night building and intruded into the victim D’s office; and (b) cut off cash of KRW 100,000 ( KRW 50,000,00) owned by the victim located on the book at the bottom of the said office; and (c) stolen it by hiding it in the said office, kitchen, kitchen, and the kitchen, the kitchen, etc.

Since then, the Defendant included KRW 5,500,000, out of cash hidden as above, in his own bank and had it in the above office. around September 15, 2020, KRW 5,500,000 out of cash around September 17, 2020, and around September 20:43, 200, the remainder of KRW 89,000,000 out of cash was carried out in his bank.

Accordingly, the defendant stolen the victim's property by intrusion on the structure managed by the damaged person at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning the scene photographs of police statements made by the police against D, labor contracts, office CCTV photographs, photographs, re-fluoric photographs, crime prevention photographs, CCTV photographs, CCTV photographs, photographs of seized objects, paper bags photographs, records of seizure, and the list of seized articles;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) A larceny: Article 329 of the Criminal Act;

(b) A thief who intrudes into night buildings: Article 330 of the Criminal Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of recommended punishment according to the sentencing guidelines: thief crimes committed by imprisonment with prison labor for not less than one year but not more than two years and not more than six months.

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