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(영문) 인천지방법원 부천지원 2018.07.06 2018고단1406

절도등

Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

1. On May 31, 2018, the Defendant infringed upon a residence: (a) around 14:01, the Defendant: (b) stolen the property from the E-Ba 202, the house of the victim D, which was located in Seocheon-si, Seocheon-si; and (c) opened a door door to the instant 202 door door, which was kept in the west of the west of the above Bara stairs, and infringed upon the victim’s residence.

2. The Defendant: (a) invaded upon the victim’s residence, as stated in paragraph (1) and stolen the victim’s “heat ham,” which was placed in the display site, with a total sum of KRW 6,000,000, and the market value of “the head of a Ri,” “the head of a Ri,” which was possessed by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the circumstances favorable to the defendant (the defendant recognized each of the crimes of this case, the amount of damage, the value of damaged articles, the recovery of damaged articles), unfavorable circumstances (the fact that the crime of larceny is not good by intrusion upon another person's residence, and the defendant has a record of being sentenced several times to the same kind of crime) and other various circumstances, including the defendant's age, sexual behavior, environment, motive leading to the crime of this case, motive leading to the crime of this case, method of the crime, circumstances after the crime, etc., and sentencing guidelines for larceny (the special mitigation area of intrusion larceny type and life-type crime; the victim's intention not to punish the crime of this case is small amount of damage, and the damaged articles are not confirmed, and the punishment guidelines for larceny (the judgment below is not equivalent to the punishment won considering the circumstances immediately after the crime is recovered) shall be determined comprehensively.