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(영문) 대전지방법원 2019.09.26 2019고단2896

절도등

Text

A defendant shall be punished by imprisonment for not less than eight 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 October 30, 2018, the Defendant, who was the owner of the building B in Seongbuk-gu, Changwon-si, who was the owner of the building B in the same subparagraph, leased the said apartment to the victim D’s husband and wife, when managing the said apartment house together with the wife.

On June 12, 2019, around 14:34, the Defendant: (a) laid the front door of the above apartment, and confirmed that there was no way inside the house, and opened the front door using the rosky Turkey and intruded on the victim’s residence.

2. The Defendant, as described in the above paragraph 1, intruded into the victim’s house, followed the victim’s panty panty panty by fasting ruptures, ruptures, ruptures, etc., leading the victim to the victim’s house.

Accordingly, the defendant stolen three panty panty owned by the victim who is not aware of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Lease contract and written opinion;

1. Application of the report of investigation to the Acts and subordinate statutes;

1. Relevant Article 329 of the Criminal Act, Article 319 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. The reason for sentencing under Article 62-2 of the Criminal Act on Probation/Social Service Order is to be found to be erroneous by the defendant, the degree of physical damage is to be considered to be minor, and the first offender was to be considered in favor of the defendant, and the defendant, the head of the house, changed the victim's life to a brupt, resulting in the victim's heavy numerical reduction, and accordingly, the defendant's heavy punishment is to be considered disadvantageously.

Other factors of sentencing, such as the age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be determined as per the order.