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(영문) 대전지방법원 논산지원 2015.02.03 2014고단424

절도등

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around 11:00 on August 28, 2014, the Defendant, who entered a residence, opened a gate that was not set up at the time of the Victim C’s house located in Seosan City, and entered a living room and intrudes on the victim’s residence.

2. The Defendant thefted the victim C’s 850,000 won at the time and place indicated in paragraph (1) with the market value of one set of No. 3,00 won owned by the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on D;

1. Statement C’s police statement;

1. On-site photographs, replies, copies of purchase books, seizure records, descriptions of damaged objects, and the application of video-related Acts and subordinate statutes;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for 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 sentenced punishment: One month to nine years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. Sentencing criteria:

(a) The range of larceny [decision of the type of larceny] the thieve group, the thieve group against general property (the range of recommending punishment): the special mitigation zone: Imprisonment with prison labor for not less than four months but not more than one year and six months: None of them;

(b) Criteria for handling multiple crimes: The lowest limit of the above-mentioned recommendation shall be the lowest limit of all concurrent crimes;

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution: There are two years of the suspension of the execution (unfavorable circumstances) and two times of a fine for the same kind, and the poor social relation (finite circumstances), where a living penalty, a penalty not being imposed, and a damage is relatively minor, and where damage is recovered, it is against the law.