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(영문) 수원지방법원 2021.03.18 2020고단8641
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 21, 2020, the Defendant: (a) from around 20:09 on June 21, 2020 to around 20:22 on June 21, 2020, committed larceny, the Defendant: (b) had a house used by the victim B in Suwon-gu, Suwon-si as a warehouse; and (c) had a building completed the house; and (d) had a stone fenced with the glass of the 1st floor entrance around the building; and (d) invaded into the house with a stone fenced with a stud of the 10,00 won of the market price on the part of the victim; and (d) stolen the house with three copies of the number of

2. On July 2, 2020, the Defendant, from around 05:00 on July 2, 2020 to around 05:17 on July 2, 2020, went to the house of the victim B as described in the above paragraph (1) above, and went to the house of the victim B, and then to the end of the building, cut the glass of the balcony of the first floor with a stone studs around the balcony, and invaded into the said string of the market price, which was kept in custody.

Accordingly, the defendant damaged the property owned by the victim, intruded the victim's structure, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in B;

1. A report on the results of field identification;

1. A police seizure report (voluntary submission) and a general list of seized articles;

1. Application of Acts and subordinate statutes to a report on receipt (verification of on-site CCTV video data);

1. Relevant legal provisions of the Criminal Act and Articles 331(1) (a) and 329 (a), 366 (a) and 319 (1) (a) of the Criminal Act (a matter of intrusion upon a house at night), the choice of punishment by imprisonment, the choice of property, the choice of imprisonment, and the choice of punishment) of the Criminal Act concerning the facts constituting an offense;

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

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

1. The grounds for sentencing of Article 32(1)2 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits, etc. of the Dismissal of Application for Compensation (which appears to have received the claim amount in full from the defendant) recognize the crime of this case, and there is no record of the crime exceeding the fine.

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