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(영문) 인천지방법원 2018.05.18 2017고단7743
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Larceny and intrusion into a thief;

A. On September 10, 2017, at around 16:22, the Defendant: (a) opened and intruded into the “E” restaurant for the victim’s D operation in Bupyeong-gu Incheon Bupyeong-gu, Incheon; (b) opened air conditioners and opened air conditioners and ruptures; and (c) stolen drinking water equivalent to KRW 20,400 per share of KRW 10,800 per share of KRW 40,000 per share of KRW 80,000 per share of KRW 670,000 per share of the market value of KRW 20,000,000 per share of KRW 670,000 per share of the total market value of KRW 20,000 per share.

B. On September 12, 2017, around 08:03, the Defendant entered the same place as “A” in the same manner as “a” at around 08:03, the Defendant collected or stolen the victim’s property owned by approximately KRW 100,00 in total in the market price, such as the cryp, mushroom, various levis, and chills, which were located at the same place, from around 10,00,000.

1. Statement by the defendant in court;

1. Each written statement in D;

1. Data for appraisal;

1. Investigative reports (to attach recording notes on telephone conversations of victims);

1. Application of investigation reports (Attachment to on-site CCTV image data, etc.), investigation reports (Submission of additional photographs of victim CCTVs) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Article 329 of the Criminal Act (a thief by intention), Article 329 of the Criminal Act (a stief by imprisonment), Article 319 (1) of the Criminal Act (a stief by intrusion upon a structure, and a choice by imprisonment with prison labor) concerning criminal facts;

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 punishment recommended according to the sentencing criteria; and

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