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(영문) 수원지방법원 2018.05.09 2018고단1344
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 October 31, 2017, the Defendant: (a) intruded the inside of a convenience store through a window not corrected at the convenience store located at the convenience store located at the convenience store located at the convenience point B at the convenience population B, and was stolen with a gift certificate of KRW 300,000 and KRW 300,000,000, which is owned by the victim D.

2. On November 6, 2017, at around 04:45, the Defendant: (a) removed a depository located therein by putting the window corrected at the above place in transit and intrusion inside the convenience store; (b) laid off a depository using the drat; and (c) took 300,000 won in cash, which was owned by the said victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. Application of Acts and subordinate statutes to photographs at each damaged scene;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the application of the sentencing guidelines [determination of types] thief, theft against general property, theft against general property (person in special sentencing] thief, and intrusion against places, other than indoor residential spaces (the scope of the recommended punishment] / From 4 months to 1 year and 6 months (in cases falling under the mitigation area, only two special mitigation persons exist and the minimum sentencing range of the recommended punishment shall be mitigated by 1/2);

2. Consideration, such as an interview or interview with the Criminal Procedure Act applicable to the determination of sentence, and an interview on two occasions, a criminal defendant committed a crime in this case, a confession of the crime in this case, an agreement with the victim, and a fact that there is no record of punishment for the same criminal record;

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