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(영문) 수원지방법원 2018.09.07 2018고합252
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2018, the Defendant: (a) opened a string of January 2018, 2018, which was not corrected in the “E for the operation of the victim D” in Ansan-si; (b) opened a string of January 2018; and (c) went back with the property equivalent to KRW 200,000,000 in total of the market price, including 1.5m iron pipe 2 and 3m pipe 1.

2. On February 1, 2018, the Defendant entered the same place as indicated in paragraph 1 at around 18:56 around February 1, 2018 in the same manner, and entered the same place in the container warehouse, and entered the 5th class 5th class processed to create a tent equivalent to KRW 520,000 in total of the market value of the victim’s possession in the container warehouse.

Accordingly, the defendant stolen property by impairing the structure managed by the damaged person at night on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by the F;

1. Protocol and list of seizure;

1. Receipts:

1. Application of Acts and subordinate statutes to field photographs and photographs of seized articles;

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

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for intrusion larceny at night on February 1, 2018, with the heavier punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) In the event of intrusion on each night building structure (determination of type) larceny (a person subject to special sentencing) No. 4 (In the event of intrusion larceny) (a person subject to special sentencing) intrudes into any place other than indoor residential space; (b) the scope of punishment not to be imposed [the scope of the recommended punishment] from April to one year and six months (special mitigation area) (a person subject to general sentencing] serious radius;

(b) The scope of final recommended punishment based on the standards for handling multiple crimes: April to two years [the maximum scope of punishment for basic crimes (one year and six months) plus 1/2 (9 months) of the maximum limit of punishment for other crimes];

3. The defendant who has rendered a sentence of sentence shall be assigned to him at night on two occasions.

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