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(영문) 춘천지방법원 강릉지원 2015.09.24 2015고단797

절도등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 June 19, 2015, on June 19, 2015, the Defendant entered the house of the victim C in Gangnam-si, Gangnam-si, by inserting the studs in the entrance entrance entrance gate, and released the entrance entrance gate, and brought about a small Chinese-style disease equivalent to KRW 1,000 in the market price where the kitchen is in the kitchen cooling house.

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

2. On June 20, 2015, on June 20, 2015, the Defendant: (a) caused property damage, intrusion upon residence, and theft, on June 20, 2015, 200: (b) on June 20, 2015, the victim C’s house entrance doors of the victim C in Gangnam-si, Gangnam-si; (c) shouldered the windows of the living room by a stone, and brought 2 punishment for men in an amount equivalent to KRW 500,000 in the market price at the

Accordingly, the defendant damaged the window of the victim, intruded the residence of the victim, and stolen the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 366 of the Criminal Act, the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the severe penalty and concurrent crimes prescribed by larceny on June 20, 2015), among concurrent crimes;

1. The scope of recommended sentences for sentencing under Article 62(1) of the Criminal Act, considering the fact that there is no criminal history exceeding the fine to the defendant for the reason of sentencing under Article 62(1) of the suspended sentence, and that it is being treated with a mental fission, etc., the scope of recommended sentences for sentencing [one year or more imprisonment: one year of imprisonment with prison labor for the recommendation and sentence of larceny which is a basic crime; two years and six months [4 months and six months [the thief, theft against general property, theft against general property; thief] and the recommendation and sentence of property damage which are concurrent crimes] - 10 months (the standards for handling multiple crimes based on damage crimes, general standard 1 type, basic area