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(영문) 수원지방법원 평택지원 2016.03.24 2015고단1719

절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 26, 2015, the Defendant, who intrudes upon a residence and damages property, entered the house of the victim D in Ansan-si, with an intention to steals the goods, and entered the wall in excess of the wall for the purpose of cutting away the goods, and entered the lock amounting to KRW 10,000 at the market price corrected in the door of the entrance in the entrance, in the order of the draber, cut off from the back of the entrance.

Accordingly, the defendant invadedd the victim's residence and damaged the victim's property.

2. The Defendant entered the victim’s house as above at the time of the day indicated in paragraph 1, and had one room for golf use equivalent to 200,000 won in the market value, which is the victim’s possession located at a small room, and two net values equivalent to 25,000 won in total in the market value, and one tool for steel bars use equivalent to 30,000 won in market value.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 319 (1), Article 366, and Article 329 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the application of the sentencing guidelines of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence: The scope of the recommended sentencing guidelines of the lower limit: consideration of all the circumstances, including the fact that an agreement has been reached with the victim of the basic area (from June to June) of the type of theft in general property (general larceny).