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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단3294
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 October 25, 2018, at around 18:04, the Defendant: (a) opened an unrected gate at the mast of the victim C (the age of 42)’s residence in Pakistan; and (b) invaded upon the victim’s home mast; and (c) placed it in a bank holding nine (9) 50,000 won and one (1) flag, which had been available for the new building stand as soon as possible, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Time for sunset;

1. Application of field and ctvic Acts and subordinate statutes;

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

1. On September 27, 2017, on the grounds of sentencing under Article 62(1) of the Criminal Act, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to suspension of indictment for the same crime by an investigative agency.

On the other hand, the defendant's mistake is recognized, and his depth is divided, and there is no record of punishment heavier than the fine.

All damaged goods have been recovered.

The sentence as ordered shall be determined in consideration of all the sentencing factors shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, and the circumstances after the crime.

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