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(영문) 수원지방법원 안양지원 2018.09.28 2018고단610

야간주거침입절도

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 3, 2018, the Defendant: (a) opened a gate with B Multi-household B in Manan-gu, Mangyeong-gu, Mangyeong-gu, Mangyeong-gu; and (b) cut off one bicycle at the market price of KRW 200,00,00, which is the victim C owned by the said multi-household C.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. On November 30, 2017, the Defendant for the reason of sentencing under Article 330 of the relevant Article of the Criminal Act regarding criminal facts, was sentenced to one year of imprisonment with prison labor for night-time larceny at a prison prison method and one year of the suspension of execution on December 8, 2017, and the judgment became final and conclusive on December 8, 2017, and committed the instant crime of the same kind even during the suspension of execution, so the Defendant has to be sentenced to the punishment of the Defendant.

However, in consideration of all the sentencing conditions favorable to the defendant, such as the fact that the defendant is against the defendant, the crime was only one time, the damage was recovered and no substantial damage was inflicted, and the injured person does not want the punishment of the defendant, the punishment shall be determined as ordered by considering all the sentencing conditions favorable to the defendant, such as the age, sex, environment, and circumstances after the crime.

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