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(영문) 수원지방법원 2020.08.28 2020고단3041
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 March 3, 2020, at around 10:40, the Defendant collected the victim D's house located in Suwon-gu B apartment C, Suwon-si, Suwon-si, and there was no seal from the back of the front door to the right wall of the front door, and cut off one of the keys of the victim's market price of KRW 5,000, from the front door door door door door door door door door door door door door door door door door door door door door door door door, and continued to open the door door door door door door door and intrude into the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 329 of the Criminal Act, Articles 329 and 319 (1) of the Criminal Act, the choice of imprisonment for a crime;

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;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is deemed to have reached the victim’s residence, and the defendant was aware of the fact that there was no way to commit the crime of this case, and found the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and then, the defendant went away from the door door door door door to door door door door door door door door door door door door, and without permission, intrudes another’s residence for

However, the defendant is against the confession, and the actual damage is limited to the key, and the above criminal power is somewhat old.

In such circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime are committed shall be determined as ordered in consideration of all the sentencing circumstances.

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