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(영문) 의정부지방법원 고양지원 2018.08.23 2018고단1695
절도등
Text

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

However, the execution of the above punishment 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 June 1, 2018, the Defendant invadedd the victim’s residence by entering the victim’s house C through the second floor beada window located in the Dong-gu, U.S., U.S., Dong-gu around 11:00.

2. Although the Defendant was intending to enter the living room at the time and place set forth in paragraph 1, the Defendant destroyed the Defendant’s property in a way that the repair cost amounting to KRW 190,000,00,000 for the convenience of the living room was broken, because the door on the side of the living room was locked, or the door was broken to open the door.

3. At the time and place indicated in paragraph 1, the Defendant stolen goods worth KRW 1,850,000,000 in market price, including KRW 700,000,000 and KRW 300,000,000, market price of the victim owned by the victim, who was in custody of the three-story sexual harassment, or bolis, etc., were stolen. The summary of evidence is that the Defendant stolen goods worth KRW 1,850,00,000 in market price, including KRW 1 sets and KRW 500,000,00 in market price.

1. Statement by the defendant in court;

1. C’s written statement and written confirmation of investigation process;

1. On-site photographs;

1. On-site reports (on-site reports, etc.);

1. A protocol of seizure and a list of seizure;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Investigation reports (verification of damaged goods), and the application of Acts and subordinate statutes on receipts;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime (a point of Section 329 of the Criminal Act), Article 319 of the Criminal Act (a point of intrusion upon residence), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that it is not good that it intrudes upon the house that he/she performed and steals the object.

Although considerable time has passed, there are criminal records of the same kind.

However, upon the arrest of the police, the stolen goods have been returned because the defendant had concealed the damaged goods, and the execution of punishment has been suspended in consideration of the agreement with the victim.

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