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(영문) 수원지방법원 여주지원 2019.07.08 2019고단322
특수절도
Text

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

At around 22:20 on March 29, 2019, the Defendant: (a) was placed in front of the window of the first floor of the hospital of the victim C, which was operated by the victim C, located in Sju City-si, B; (b) went up to the window by using a bridge prepared in advance for the cresh of the victim’s crepit; and (c) destroyed the window of the ultra-frequency room with a view to the network prepared in advance; and (d) invaded the hospital through the window, thereby destroying the window, and invaded the window to the hospital; (b) 18,000 won of the market price, which is the victim’s possession stored in the hospital’s recovery room, the market price of which is 3.60,000 won, and 1,000,000 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs;

1. On-site reports on results, and recording of identification photographs of theft cases;

1. Before committing the crime, anti-fluorial photographs, field CCTV analysis photographs, photo of the suspect's moving route tracking, E's front cover and purchase photo of the business books outside the body, and photo of the CCTV inside the body of the E's cover;

1. The application of Acts and subordinate statutes to the suspect's appearance and clothing, and to substitute image materials of the suspect;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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: Six to five years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] thief [No. 4] Larceny (special sponsor] for general property: Where a person intrudes into places other than living or indoor residential spaces, an aggravated element of the punishment not to be imposed: In the event that the person has committed a crime of living or intruded into places other than indoor residential spaces, an aggravated element of the punishment not to be imposed: Special mitigation area [the scope of the recommended area and the recommended punishment] , April through January 16 [the scope of the recommended punishment corrected according to the sentencing guidelines] 6 months through 16 months (the lowest limit of the punishment to be imposed in law, as the lowest limit of the sentencing range recommended by the sentencing guidelines is inconsistent with the minimum limit of the punishment to be imposed in law).

3. Sentence;

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