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(영문) 의정부지방법원 고양지원 2018.12.21 2018고단2757
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On September 9, 2018, at around 05:35, the Defendant: (a) opened a back door and intruded into “D” restaurant operated by the victim C, which was operated by the victim C; and (b) cut off the cash of KRW 220,000,000 owned by the victim in the Car Round.

2. On September 10, 2018, at around 03:02, the Defendant intruded the restaurant within the “D” restaurant by the foregoing method, and subsequently, during the coloring cash to be stolen, the Defendant did not escape from the restaurant as it was and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on internal investigation (related to field CCTV images) and a report on internal investigation (related to CCTV images on September 9, 2018);

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

1. The scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines, and the scope of the punishment [the scope of the punishment] for general property: the area of special mitigation (the area of four months to one year and six months) (the area of special mitigation) [the area of special mitigation] intrudes into any place other than indoor residential space (the type four), and the amount of punishment not imposed;

2. The fact that the defendant, who has been sentenced to punishment for the same kind of crime, intrudes a structure at night, thereby thefting property or attempted to steals property, and the fact that the nature of the crime is poor is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized all of the crimes in this case and against his mistake, there is no record of punishment in excess of the fine, and that the victim does not want the punishment of the defendant under an agreement with the victim.

The above circumstances, including the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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