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(영문) 창원지방법원 통영지원 2020.07.28 2020고단486
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for 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

1. On March 16, 2020, the Defendant committed the crime against the victim B, who was not corrected in front of the 'D' restaurant operated by the victim B, the victim B, who was in the city of 00:43 o-si on March 16, 2020, and infringed inside through the window of the second part, and then stolen the victim’s cash amounting to 192,000 won in total and CCTV amounting to 440,000 won in the market value.

2. On March 30, 2020, the Defendant committed the crime against the victim E with a 00:17 o-si, which was not corrected in front of the upper dong point of “G” operated by the victim E, and then intruded inside through the door, and thereafter, the Defendant used the cash amounting to KRW 540,000, the total amount of KRW 540,000, and one CCTV amounting to KRW 100,000, the market value of which was 350,000.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each written statement to Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of thief) thief [No. 4] thief [Special Convictf] thief] thief (special stief] thief] thief in general property: In the event of intrusion into places other than living types, indoor residential space, in the event of intrusion into places other than indoor residential space, in the area of special mitigation of punishment [the area of recommendation and recommendation range], in the area of special mitigation

(b) Class 2 crime (at night, determination of types) thief [Article 4] thief [Special Convictf] thief (special stief] thief] thief (special stief): In cases where a person intrudes into places other than living types, indoor residential space, and indoor residential space, no penalty shall be imposed [recommended area and recommendation range] , special mitigation area, and April through June;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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