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(영문) 광주지방법원 2019.02.19 2018고단5336
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On October 25, 2018, at around 02:10, the Defendant intruded into the above restaurant through the rear door of the D cafeteria operated by the victim C in Gwangju Mine-gu, Gwangju, and then stolen KRW 1,920,000 in cash owned by the victim within the safe.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 4, 6, 9, 17)

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances such as the reason for sentencing under Article 62-2(1), the main sentence of Article 62-2(2) of the Criminal Act, Article 59 of the Act on Probation, Etc. [Determination of Punishment] - In the case of intrusion into places, other than indoor residential space (decision of the recommended area] mitigated area / [decision of the recommended area] mitigated area / [decision of the recommended area] 8 months to 1 year and 6 months [decision of the sentence] - The same criminal record (decision of the sentence less than 10 years after the completion of execution] that is not an aggravated element - The above sentencing person and the defendant did not focus on the damage caused by the instant crime; on the other hand, the defendant is judged to have a risk of repeating the crime in light of the Criminal Procedure Act, criminal records, etc.

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