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(영문) 수원지방법원 2015.07.22 2015고단2639
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 04:00 on May 24, 2015, the Defendant: (a) opened a door with a locking device and intruded into the D office of the victim’s operation, which was known to the Defendant, located in Yong-si, the wife B; (b) opened a door with a locking device; and (c) cut off with one computer equivalent to KRW 700,000, the market price of the victim’s ownership.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in writing C;

1. Article 330 of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the grounds for sentencing following the suspended sentence);

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended sentence on the sentencing guidelines [decision of a sentence] the scope of the recommended sentence for the sentencing guidelines - the larceny-Inflicting of general property [the scope of the recommended sentence and the scope of the recommended sentence] basic area (one to two years and six months): A person who is subject to special mitigation: A person not subject to punishment;

3. The decision of sentencing is a first offender who has committed a mistake and has no criminal power, and the degree of damage of this case, etc. exceeds the scope of the recommended punishment and the punishment is determined as ordered by the order.

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