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(영문) 광주지방법원 2017.12.14 2017고단4722

절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On July 28, 2017, at around 07:22, the Defendant: (a) opened a gate by cutting the rubber lines bound by the main equipment for correction; (b) entered the house; (c) cutting off the lock of the gate; and (d) entered into the gate; (c) one per se, the victim-owned one, one per se of the white pattern; (d) two per se of the luxin of the red pattern; (e) one lux of the lux; (e) one lux of the lux; and (e) one lux of the lux of the lux; and (e) ten lux of the luxle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police against D or E;

1. Seizure records;

1. A criminal investigation report (retributating damaged goods);

1. A report on investigation (a cutting machine and a seizure of damaged articles);

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis);

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act - the defendant has the same force as that of the defendant - considering the fact that the defendant has committed a crime with the same force, a sentence of imprisonment shall be imposed with prison labor - On the other hand, on the other hand, considering the fact that the defendant has old and damaged goods have been recovered and the place of theft has not been used as a residence,