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(영문) 춘천지방법원 2013.08.13 2013고단544
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 12, 2013, at around 05:40 on June 12, 2013, the Defendant opened the said restaurant, which was not corrected by the victim D, which was operated by the victim D, and intruded into the said restaurant, and carried out one small credit cooperative of the amount of 5,000 won at the market price, which is 45,00 won in cash, owned by the victim.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Each investigation report (the confirmation of place of crime, the details of damaged articles, the confirmation of agreement, the confirmation of reports on damage, the report on the results of field identification, the confirmation of safe market prices, etc., the confirmation of whether they are living or not);

1. Confirmation of fingerprinting and personal identification of the theft case, on-site map, report on the results of field identification, and monthly/monthly time;

1. Application of on-site photographs, the image of a small credit cooperative, and the image of a cash receipt and disbursement system;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 329 and 319 of the Criminal Act that choose a penalty;

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

1. Article 62 (1) of the Criminal Act (Reference to the following reasons for sentencing) of the suspended sentence;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Imprisonment with prison labor for not less than one month but not more than nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General larceny (decision on the type of larceny) and general larceny [decision on the recommended area] basic area of larceny (decision on the recommended area] from June to June of 1 year;

B. The scope of the recommended punishment according to the criteria for handling multiple crimes, while the sentencing criteria are not set for larceny in the judgment that set the sentencing criteria and for intrusion upon residence in the relation of concurrent crimes in the former part of Article 37 of the Criminal Act. Therefore, the lower limit of the punishment shall be set at the lower limit of the scope of the punishment for fraud for which

3. The decision of sentence shall be made by the defendant;

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