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(영문) 제주지방법원 2017.06.16 2017고단907
절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On April 12, 2017, the Defendant infringed upon the residence of the victim following the entrance of the victim D at Seopopopoposi C by going out of and going out of the residence of the victim D on April 12, 2017.

2. The Defendant, at the time, at the places described in paragraph 1 as above, intruded with the victim’s inside, and collected money and valuables equivalent to KRW 28,000,00, i.e., USD 5,000, No. 3, and Jeju Love gift certificates 5,000, which were kept in custody in the first page of the cremation, and the money and valuables equivalent to KRW 28,00,00, including Chapter 5,00, No. 1, etc.

In other words, the victim's property was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement, a list of 112 reported cases;

1. Application of statutes on site photographs;

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

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. The reason for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation recognizes the Defendant to commit a crime, and the amount of damage is not significant, the Defendant has been sentenced to suspension of indictment for the larceny in 2015, and the Defendant has been sentenced to a number of fines by way of residential intrusion, theft, etc. from 209 to 2009.

In light of these records, the economic ability and family relations of the defendant, etc., the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, sex, environment, circumstances, circumstances after the crime, etc., appears to be a sort of habitive behavior; and the defendant's age, sex, environment, circumstances after the crime was committed.

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