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(영문) 광주지방법원 2018.12.14 2018고단4472
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 August 20, 2018, the Defendant: (a) around 20:00 on August 20, 2018, the victim C was involved in a traffic accident before the house in Gwangju Seo-gu; (b) the victim and his/her family members suffered from the traffic accident before the house in around 19:01 on the same day; (c) the victim and his/her family members invaded the house to the inside of the house through the entrance door that was not corrected on the first floor between the victim and his/her house; and (d) the victim’s market price, which was in custody between the flap and the floor, was stolen with two gold 2,00,000 won in total, and gold flap.

2. The Defendant: (a) around 16:00 on November 8, 2018, at the victim E’s house located in Young-gun, Namdong-gun, and (b) at the victim’s house located in the victim’s house where the police was tracking due to the commission of the crime described in paragraph (1); (c) while the victim was living in the victim’s house where the surveillance was neglected due to his/her locking, the Defendant thief takes up one gold 400,000 won in total of the market price of the victim’s possession in his/her kitchen, which was in his/her kitchen, and one gold string.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Each police statement made with respect to C, E, and F;

1. A theft scene photograph;

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

1. Application of Acts and subordinate statutes to each investigation report (including attachment of seized precious metal photographs, verification of sunset time in the Gwangju Metropolitan City on October 20, 2018, accompanied by documents);

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts;

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 scope of recommendation according to sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act - The scope of punishment for the crime No. 1 [the scope of recommendation] - There is no person who is in no special sentencing [the scope of recommendation ] - the basic area of the crime No. 2 (the scope of recommendation ] (the range of general larceny) - there is no person who is in no special sentencing [the person in no special sentencing] - The basic area of the crime No. 2 (the range of recommendation - June 1 to June 6) - the basic area of the theft of general property (the scope of punishment - the person who is in special sentencing - the scope of final punishment due to the aggravated punishment for multiple offenses: one year to March 1:

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