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(영문) 대전지방법원 2018.01.24 2017고단4365
절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2017, the Defendant invadedd the victim’s residence by entering the second floor through stairs for the purpose of cutting off clothes of female garment garment, which are suffering from the second floor as soon as possible on the second floor, into the victim’s residence, around 13:23, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu (Inn, 19 years of age).

2. The Defendant thefted the victim’s clothes in a total of 50,000 won, including panty panty owned by the victim, at the time and place mentioned in the preceding paragraph, and as mentioned above, at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reporting on occurrence of a disaster;

1. Application of Acts and subordinate statutes to the investigation report (investigation of CCTVs for crime prevention);

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution: The court shall take into account various conditions of sentencing shown in the pleadings of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, which are favorable to the fact that the case was stolen by intrusion upon another person's residence: confession and reflects the fact that it was committed:

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