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(영문) 대전지방법원 논산지원 2016.05.10 2016고단19

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six 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

On November 26, 2015, the Defendant, at around 06:10 on November 26, 2015, opened a vinyl door to the victim C owned by the Defendant, and intruded into the vinyl house, and stolen two of the agricultural heat winders equivalent to the total market price of 300,000 won in the vinyl house.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of damaged objects;

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

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act / [the scope of the recommended punishment] The ground for sentencing under Article 62(1) of the Act on the Suspension of Execution / [the scope of the recommended punishment] 4 types of theft against general property (in April to January 6) / [the special mitigated person] in cases where the defendant intrudes into a place other than the indoor residential space (the type 4), and the non-prosecution of the punishment [the decision of the sentence] in cases where the defendant committed the instant crime again despite the fact that he had been punished several times

However, considering the fact that the defendant agreed smoothly with the victim, the amount of damage is over 300,000 won, the defendant's age, environment, sexual conduct, and circumstances after the crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the arguments of this case.