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(영문) 인천지방법원 2018.07.24 2018고단4712
야간건조물침입절도등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 7, 2018, around 00:00, the Defendant: (a) went to the victim C and D’s “E” located in the Southern-gu Incheon Metropolitan City, Nam-gu B; (b) opened a door and intruded into the door with a door door opened; (c) then, the Defendant stolen the victim’s cash, owned by the credit cooperative and the savings bank located in the counter to the location, with a cash of KRW 160,000.

2. On May 19, 2018, at around 12:06, the Defendant cut off one candlelight (3.75gg) equivalent to KRW 240,00 in the market price of the victim C and D, who was placed on the display stand, and owned by the victim C and D, who was in the management of the mixed store at “G”, a malicious shop 11 located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. The Defendant brought water to the victim D, who was in the management of the mixed store and brought water to the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of CCTV photographs related to the theft of buildings at night, and CCTV-related CCTV-related Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense (a thief by intrusion upon a structure at night and a choice of imprisonment with prison labor);

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. Crimes 1 for the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable to the reasons for sentencing) of the Act on the Punishment of Specific Crimes [the scope of recommending punishment] 4 for general property [the scope of punishment] 2 for crimes under Article 62(2) for the mitigation area (the special mitigated person] 4 for the larceny area (the scope of recommendation 4) / [the scope of recommendation ] 2 for the basic area (6 months to 1 year and 6 months) for general property] / there is no person who has committed a crime against the same victim for six months from August to March / [the standard for processing multiple crimes] / six months from the imprisonment of Korea, and one year from the suspended execution : Two times against the same victim for the punishment of the defendant (the investigation record). A person who has committed a crime under Article 129(1) of the Act on the Suspension of Execution 198.

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