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Reasons
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(영문) 광주지방법원 목포지원 2019.03.29 2018고단1275
절도등
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A defendant shall be punished by imprisonment for six months.

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

On July 21, 2018, at around 12:54, the Defendant intruded the inside through a entrance that was not corrected for the Ctel management office, and 2,40,000 won in cash, which was owned by the victim D, stored in the YY, from that time to December 16, 2018. From that time, the Defendant invaded into the victim D’s residence one time as indicated in the attached crime list from that time to December 16, 2018, and stolen cash and clothing in total amounting to 2,18,000 won in total, the market price of 13 victims owned by 7 victims.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each statement of E, D, F, G, H, I, J, K, L, M, N, andO;

1. Application of Acts and subordinate statutes to reports on theft occurrence, each investigation report (on-site CCTV images and photographs), field photographs, and fingerprints appraisal reports;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 2 of the Criminal Act to be confiscated;

1. Grounds for sentencing under Article 25 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Orders;

1. The scope of punishment by law: Imprisonment for one month to nine years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property [Special Convicts] - mitigated factors: Where a person intrudes into places, other than living or indoor residential spaces [the scope of recommendations and recommendations] special mitigation areas, imprisonment with prison labor for up to four months [the scope of recommendations and recommendations] - There are no records of criminal punishment [the scope of recommendations according to the guidelines for handling multiple crimes] - April to two years (the maximum limit of crimes No. 2 crime No. 1/23 of the maximum limit of crimes No. 1/3 of the maximum limit of crimes No. 1/2)

3. Determination of sentence: Imprisonment; and

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