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(영문) 전주지방법원 2017.05.19 2017고단454

특수절도

Text

A defendant shall be punished by imprisonment for one year.

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

At around 19:50 on December 24, 2016, the Defendant: (a) went into the house of the Victim D (Woosan-gu, Yancheon-gu, Yancheon-gu, C, 26 years of age); (b) opened the entrance by deceiving the key repair hole E, which did not enter the entrance in the house in order to be forgotten; and (c) caused the Defendant to open the entrance by destroying the 302 entrance correction device to the dryle, and (d) intrudes into the dye machine with a total length of 23cc and 12cc in length; (b) intrudes into the dye of the victim’s cattle under the glass table (500,000 won in the market price).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (the counter investigation of keys E, the attachment of a certificate of hospitalization and release from hospital for treatment of suspect alcohol addiction, the confirmation and recovery of damaged articles, the attachment of photographs, the defendant's speech at the time of arrest);

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc., and Article 44-2 of the Medical Care, Care, etc. Act, for observation and treatment orders;

1. Reviewing the sentencing criteria (the scope of recommended punishment) [the scope of punishment] and the mitigated area (the imprisonment between August and one year and six months) of the mitigated area (the punishment of a person who has been specially mitigated) of general property;

2. Circumstances unfavorable to the decision of sentence include the fact that the defendant intrudes upon another person's residence while in possession of excessive amount and thus, the liability for the crime is not easy in light of the risk of the method of crime;

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the theft goods are not large amounts, the victim is returned to the victim, and the victim does not want the punishment of the defendant by agreement with the victim.

The above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime.