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(영문) 창원지방법원 통영지원 2013.08.22 2013고단374
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 05:15 on February 13, 2013, the Defendant opened a ELS Logistics Co., Ltd.’s factory site located at Dao-si, which was located at Doo-si, a 1,200,000 won of the victim’s market price fixed at Nao-si and one septic tank installed in advance, and cut off with the rate of 1,20,000 won using the pent and the pentle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the written estimate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. According to the sentencing guidelines for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter, taking into account the circumstances favorable to the defendant among the reasons for sentencing), the defendant is recommended to be sentenced to four to one year and six months (in cases of intrusion upon places other than the real residential space as a special heavy factor, "in cases of intrusion upon places other than the real residential space" and "in cases of non-influence of punishment"). Considering the fact that the planned crime is a crime, the sentencing factors unfavorable to the defendant are considered, the victim does not want the punishment of the defendant, and the fact that the defendant is against the defendant

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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