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(영문) 수원지방법원 안양지원 2016.07.05 2015고단1141
야간건조물침입절도등
Text

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

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

Reasons

Punishment of the crime

[20:00:03 on May 8, 2015, the Defendant: (a) opened a locked door using the key prior to the “E” operated by the Defendant D for the victim of the 2nd-class sexual traffic in Ansan-gu, Mayang-gu; and (b) intruded into the entrance; and (c) took 2.50,000 won of the cash owned by the victim who was in the front of the Kabow-gu and the calculation unit.

[2016 Highest 728] On April 26, 2016, the Defendant: (a) committed a theft by discovering one color bicycle at the market price of 600,000 won set up by the Victim F, which was set up on the front of a new bank located in 290,000 inside the mouth at Ansan-si, Ansan-si; and (b) cutting off the locking device at several times.

Summary of Evidence

[2015 Highest 1141]

1. Statement by the defendant in court;

1. A written statement of D;

1. Investigation report (Recovery of the keyss to damaged goods) (2016 highest 728);

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning photographs of damaged objects and CCTV images to a photograph;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Protection and observation and the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of the sentencing guidelines] - Night structure larceny - Violation of buildings at night - Violation of general property - the mitigation area (from August to January 6) - Where a special mitigation person intrudes into a place other than an indoor residential space, theft (type 4) - Special mitigation area (one month to June) mitigation area (one-six months) mitigation area for general property - Special mitigation person: The final mitigation scope of punishment due to the increase of punishment by the number of total offenders: August to September 1 and September 1 [the sentence] favorable: The defendant acknowledges his mistake; the defendant agreed with the victim F; the defendant did not have any history of punishment for the same kind of crime; and the defendant did not have any history of suspension of execution.

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