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Reasons
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(영문) 수원지방법원 2019.06.13 2018고단7578
야간건조물침입절도
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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 becomes final and conclusive.

Reasons

Punishment of the crime

On June 9, 2018, between 07 and 00:44 June 10, 2018, the Defendant used tools equivalent to KRW 750,00,000,00 in total, including 30,00,00,00,000, and HR2470, and 450,000,000,000,000,000,000,000,000 won, and 750,000,000,000,000,000,000,000,000 won, and 10,000,000,000,000 won, and 3,000,00,000, 200,000, 200.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A digital analysis appraisal report;

1. Photographss of the same product as the damaged product, CCTV images, site photographs, and CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports (specific for damaged goods), investigation reports (Attachment toCCTV image storage CDs and CCTV re-Analysiss), and internal investigation reports (verification of CCTV for crime prevention);

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

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special salvists] mitigated elements: In cases of intrusion into places, other than indoor residential spaces (in the area of recommending and the scope of recommending punishment] mitigated areas, imprisonment with prison labor for up to one year and six months;

3. Based on the above sentencing criteria based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following circumstances, the defendant’s age, character and conduct, environment, and circumstances after the commission of the crime, and the sentencing conditions indicated in the records:

Damage suffered by an unfavorable normal victim was recovered.

There is a circumstance that the defendant has made efforts to recover damage.

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