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(영문) 광주지방법원 2016.06.22 2016고단1312
특수절도
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 18, 2016, at around 05:10 on April 18, 2016, the Defendant: (a) was operated by Gwangju Mine District C Victim D, where the Defendant worked as an employee; (b) destroyed the windows of the second floor by breaking them; and (c) invaded into the office and stolen a computer of KRW 1.5 million in cash and KRW 1 million in market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes verifying seizure records, photographs, site photographs, and time of sunrise;

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, and the scope of the punishment [the scope of the punishment] on general property shall be mitigated in four categories (eight months to one year and six months) [the special mitigated person/special aggravated person] in cases where he intrudes into any place other than indoor residential space (the four types), in cases where he/she carries any punishment non-permanently weapon / Where he/she carries any dangerous weapon, or in cases where he/she intrudes into any dwelling damaged at night or any structure damaged at night (four types);

3. According to the decisions of sentence, the sentence shall be determined as ordered, taking into account the following circumstances, such as the defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and circumstances constituting the conditions of sentencing as shown in the records.

Defendant is led to confession, and is against himself.

The Defendant agreed to recover the damage to the victim and smoothly with the victim.

The injured party does not want the punishment of the defendant.

When the defendant excludes juvenile protection cases, he/she has no record of criminal punishment for the same crime.

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