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(영문) 서울남부지방법원 2019.06.05 2018고단6291
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 19:20 on August 2, 2018, the Defendant opened and intruded into the storage of the victim corporation D, which was located in the first floor parking lot of the building C, Cheongju-si, Cheongju-si, Seoul, with 8 UTP cable boxes equivalent to 560,000 won at the market price owned by the victim, and carried out 8 UTP cable boxes in the EF car prepared in advance.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. An area for confirmation of sunset;

1. Application of the Act and subordinate statutes, such as the scene of crime (CCTV)

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the mitigated area (in August to June) [Special Mitigation] (in the case of a person subject to special mitigation] ; (b) the circumstances and contents of the crime; (c) the degree of damage; (d) the degree of damage; (d) the payment of compensation and agreement with the victim; (e) the Defendant recognizes and reflects the criminal records including two suspended sentence; (e) the Defendant may have no criminal records, but the Defendant’s age, career, health status; and (e) the Defendant favorable or unfavorable circumstances to the Defendant indicated in the arguments, such as family relations, were considered as a whole.

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