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(영문) 수원지방법원 안양지원 2019.07.10 2019고단855

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

However, 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. At night, the Defendant: (a) had the victim B (n, 32 years of age) and the victim informed the victim of his/her intention; (b) had the victim informed him/her of his/her intention; and (c) had the key repair string in front of the victim’s house in the 22:40 on April 14, 2019 during the 22:40 on the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 3th anniversary of the 4th anniversary of the 4.5 millionth of the 4.

2. The Defendant: (a) destroyed and damaged property at the above date, time, and place at the victim’s market price of KRW 600,000,000 to the toilet transformation box; and (b) destroyed and damaged 100,000,000 to the victim’s new global gift certificates in hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to damaged articles, field photographs, and field photographs;

1. Relevant legal provisions concerning facts constituting an offense and Articles 330 and 366 of the Criminal Act that choose a punishment (the point of nighttime theft) and 366 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (within the extent that the punishment is added up the maximum of the long-term punishment of two concurrent crimes, which is heavier than the punishment, in the night, intrusion and larceny);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 13 years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: Larceny types 4 (Special Rape) (Special Convicting) mitigated element for larceny in general property: In cases of carrying a lethal weapon, or in cases of intrusion (Type 4) such as night-time, destruction of residence, intrusion upon life, or night-time, destruction of structure, etc. (Type 4) (in cases of making recommendations, scope of recommending punishment) basic area; imprisonment with prison labor for one year to six months;

(b) Concurrent crimes: types of crimes of destruction;