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(영문) 제주지방법원 2014.05.30 2014고단373
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

except that 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. At around 01:00 to 06:00 on September 10, 2013, the Defendant: (a) entered the victim D’s home store located in Jeju-si, and intruded into the entrance counter by an incidental method; and (b) cut off the entrance door with the amount equivalent to KRW 15km and the market price of KRW 75,00 on the part of the victim.

2. On December 12, 2013, at around 22:40, the Defendant opened and intruded a door that is not set up in the place specified in paragraph (1) at the location specified in paragraph (1), and then used the doorline 30 km and the market value of 270,000 won owned by the victim at that location to commit theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D;

1. Application of the Acts and subordinate statutes, such as photographs of each site and investigation reports (suspects specific);

1. Relevant provisions of criminal facts: Article 330 of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The reasons for sentencing are as follows: the scope of recommended sentences [in the case of intrusion upon places other than indoor residential space, in the case of a thief crime group, theft against general property, theft against general property, theft against general property, mitigation area (in the case of a special mitigation: in the case of intrusion upon places other than indoor residential space, punishment is not allowed; in the case of a person under special mitigation, in the case of a person under special mitigation, in the case of intrusion upon a structure at night), August - January 6] on the grounds of sentencing under Article 62(1) of the Criminal Act (see Article 51 of the Criminal Act as stated in the reasons for sentencing), considering all the following circumstances: The favorable circumstances: recognizing and seriously against the facts of the crime, the fact that the value of the stolen object is not significant, the fact that there was no record of criminal punishment after 2006, the fact that there was no record of criminal punishment after 198: The same kind of criminal punishment as before several times, all of which are favorable to the defendant;

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