절도등
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
1. On September 27, 2012, around 14:05, the Defendant entering a residence intrusion: (a) entered the victim D’s house located in Yeongdeungpo-gun, Chungcheongnam-gun, Chungcheongnam-gun into the house in which he was opened, and entered the house in the house, and (b) entered the house in excess of the inner window, thereby infringing the victim D’s residence.
2. The defendant is in front of the larceny;
1. 기재와 같이 피해자 D의 주거에 침입한 후 그곳 안방 장롱 속에 들어 있던 피해자 D 소유의 시가 40만 원 상당의 삼성캠코더(92MA670) 1대, 시가 10만 원 상당의 공기총 조준경 1개, 시가 1만 원 상당의 손톱깎기 선물세트 1개, 시가 44만 원 상당의 블랙야크 등산복 1점, 시가 불상의 스마트폰 부속품 1개 등, 총 95만 원 상당의 재물을 들고 나와 이를 절취하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made by the police on D;
1. Each entry in the records of seizure and the list of seizure;
1. Application of video-related Acts and subordinate statutes to photographs;
1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for larceny heavier than punishment);
1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):
1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment by law] 1 to nine years of imprisonment (the determination of a sentence ] 4 of larceny for general property among the larceny crime group : None of the mitigated factors: None of the mitigated factors: [the scope of decision and sentence in the recommendation area] ] basic area of types of larceny 4 of general property among the larceny crime group : Imprisonment with prison labor for a year to two years [the general person] 1 to six years and six months [the general person] aggravated factors: where considerable damage has been recovered; serious reflect [the main reason for suspension of execution of sentence ] and there is no positive element: The negative element: the same crime and the same for not more than five years.