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(영문) 인천지방법원 2021.03.17 2021고단24
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On November 22, 2020, around 04:13, the Defendant: (a) went to the “D main store” operated by the victim C in Jung-gu Incheon Metropolitan City, Jung-gu; (b) opened a entrance by placing the door in the window of the food storage facility; and (c) intrudes into the said warehouse; (d) 10,000 won of the market price, which is the victim’s possession, owned by the victim at the same time, was cut off by 8 combineds of the common forest equivalent to KRW 10,000,000 of the market price; and (b) 30,000,000 won of the market price.

2. On December 06, 2020, the Defendant attempted to larceny at night buildings (i.e., theft) at around 04:00, at around 04:0, the Defendant opened and intruded the door of a food storage in the same manner as described in paragraph (1), and attempted to steal food materials owned by the victim C, which are in custody at that place. However, the Defendant failed to commit an attempted crime without being discovered to the police officer dispatched to the scene upon the victim’s report.

Summary of Evidence

1. Statement by the defendant in court;

1. To apply the investigation report (CCTV investigation) in each E and C’s written statement, and the Acts and subordinate statutes governing photographic images of CCTV recording;

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a person who attempts to larceny intrusion on a structure at night);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment according to the sentencing criteria (a concurrent offense with an offense for which the sentencing criteria are not set);

(a) A crime No. 1 (a) thief [a] thief [a] thief [a] thief [a] thief] thief [a] thief] thief (a person with special sentencing] : Where he/she intrudes into places, other than a living type, indoor residential space (the territory of recommendation and recommendation and the scope of punishment), special mitigation area], imprisonment for April to June;

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than four months;

2. Determination of sentencing conditions in Article 51 of the Criminal Act, including the following circumstances, and sentencing criteria in light of the sentencing guidelines in Article 51 of the Criminal Act as ordered.

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