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(영문) 광주지방법원 순천지원 2018.08.24 2018고단1471
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On June 28, 2018, at around 21:30, the Defendant: (a) opened a window not corrected in the said restaurant and intruded into the restaurant at around 21:30, at around 2018, the victim D operated by the victim D; and (b) infringed on the cafeteria; and (c) had been in the Kabro

From around that time to June 23:50 on June 29, 2018, the total amount of KRW 1,887,000 was stolen on five occasions, as shown in the List of Offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, and H;

1. A report on the results of field identification;

1. Each photograph;

1. Application of the CDA-1 statute

1. Relevant Article 330 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, the suspended sentence;

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Observation, etc. of Protection, etc. is that the defendant was subject to juvenile protective disposition several times due to theft crimes, the victim G, F, and H want to be punished against the defendant.

On the other hand, there are favorable circumstances such as the fact that the defendant is a juvenile, the defendant is not subject to criminal punishment, the victim D wishes to take the action against the defendant, and the defendant reflects his mistake.

The punishment for the prevention of recidivism shall be determined in consideration of such circumstances as the fact that the family environment of the defendant is poor, the motive and background of the crime, the risk of the crime, the scale of damage, and the circumstances after the crime.

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