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(영문) 수원지방법원 2014.11.19 2014고단912
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On January 28, 2014, at around 03:40, the Defendant: (a) intruded into the first floor public escape room, through the entrance that was not locked, and stolen the amount of KRW 30,000 in cash from the main money of the victim D (W, 39) who was suffering from his clothes.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the draft D;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence for the sentencing guidelines [decision of a sentence] thief group-general property: thief-inthief [Scope of the recommended sentence] basic area (one year to two years] (one year to six months): None of the following persons:

3. Determination of sentence of this case is not more than KRW 30,00,000, and the defendant does not have the records only once sentenced to a fine for the same kind of crime, and the defendant shall determine the same sentence as the order beyond the scope of recommendation.

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