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(영문) 수원지방법원 2016.05.13 2016고단1280

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 became final and conclusive.

Reasons

Punishment of the crime

At around 14:00 on September 26, 2015, the Defendant: (a) confirmed that the first race was divided into the Victim R R located in Q Q Q in Australia; (b) confirmed that there was no person; and (c) invaded into the house through the heat of the Vietnamed Republic of Korea; (d) destroyed the victim’s land into the house; (b) one Nowon-gu, the total market price of which is 1,00,000 won; (c) six (d) one (d) one (e) one (e.g., the total market price of which is 9.5 million won; (d) one (e., the total market price of which is 3,00,000 won; and (e) three (3) years in total, the market price of which is 3,000,000 won; and (e) one (e) one (f) one (f) one (f) one (f) one (f) the key to the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared by the R;

1. Application of Acts and subordinate statutes to entries in records of seizure and list of seizure;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (Influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (i.e., conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment for the sentencing guidelines / [type] scope of the punishment for larceny for general property, and the area of mitigation of various types 4 [Special mitigated Persons] punishment (the scope of the recommended punishment], month from August to June;

2. Although the form of the crime of sentencing is a theft of intrusion, and the nature of the crime is not good for sale of part of the stolen goods, the defendant has no record of being punished for the same kind of crime before the instant case or of being sentenced to suspended execution or heavier punishment before the instant case, and there are favorable circumstances, such as that the defendant compensates for damages and agreed smoothly with the victim, taking into account these favorable circumstances, he/she shall be sentenced to the exclusion from the scope of the sentence of recommendation and setting the punishment like the order.