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(영문) 인천지방법원 2018.02.08 2017고단7509

특수절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:00 on February 14, 201, the Defendant: (a) had been residing in the 2nd floor studio, Jinjin-gu, Seoul; (b) had been prepared in the 2nd floor in the above 2nd floor, the victim D, other than the victim D, who is the victim of the second floor of the above 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2nd floor of the 2012nd, damaged the studio and damaged the victim’s house; and (c) had intruded the victim’s residence; and (d) caused a theft of the evidence by 300,000 won at

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Article 331 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment: Imprisonment with prison labor for not less than six months but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines (a type of determination), theft against general property, theft against general property, and mitigation factors (a person subject to special sentencing): Imprisonment with prison labor for not more than eight months nor more than one year and six months (a field of mitigation).

3. Determination of sentence: Sentence 6 months, probation 1 year, the Defendant’s crime of this case is not good, but is closely against his mistake when the Defendant acknowledged the crime of this case, and the Defendant agreed to commit the crime of this case smoothly with the victim, the Defendant is a primary offender who has no record of crime, and other circumstances that form the conditions for sentencing as shown in the argument of this case, including the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as ordered.