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(영문) 의정부지방법원 2016.11.18 2016고단1719
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 04:30 on February 21, 2016, the Defendant stolen the total amount of 319,200 won owned by the victims by the Defendant by intrusioning a structure at night over 10 times in total, including the following crimes: (a) the amount of about 4,800 won per the victim’s 4 disease owned by the victim who was in the air conditioners, by opening a plastic tent at a honding place where the victim 1st floor C was operated; and (b) the amount of approximately 4,800 won in the inside honding after intrusion upon the inside the honding place; and (c) the Defendant stolen the property owned by the victims at night, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (a confession of a suspected victim and a report on the occurrence of a crime) , report on internal investigation (a specific person suspected of committing a crime and a report on the occurrence of a crime), report on internal investigation (a report on identification of a suspected victim and a report on the occurrence of a crime), report on internal investigation (a report on the confirmation of the amount of damage);

1. A copy of the report;

1. Application of Acts and subordinate statutes to field photographs and damaged objects;

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

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

1. On the grounds of the suspended sentence of Article 62(1) of the Criminal Act, first-class crime [the scope of recommending punishment] 4 types of special mitigation (the special mitigation) (the special mitigation) (the special mitigation) (the special mitigation of four to one year) (the special mitigation of one year and six months) ; second-class crime which is not punishable / [the scope of recommending punishment] general property / [the scope of recommendation] special mitigation (the special mitigation of four to one year and six months) / [the scope of special mitigation] / the special mitigation (the special mitigation of four types) / [the scope of punishment] 3 crimes which are not punishable / general property / the special mitigation area (the scope of recommending punishment] 4 types of special mitigation (the special mitigation of four to one year and six months) / [the special mitigation person] : The victims who intrudes into a place other than indoor residential space (the final aggravated punishment according to the aggravated punishment: April to the aggravated punishment: the defendant committed the crime in this case not only once and repeatedly sentenced in four to four to nine years].

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