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(영문) 수원지방법원 2014.09.03 2013고단4740
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

[2013Kadan4740] On March 29, 2012, the Defendant entered 07:30 Suwon-gu, Suwon-si, Suwon-si, Suwon-si, and 150,000 won on the part of the victim E, and then stolen 150,000 won on the part of the wall.

[2014 Highest 3903] On July 7, 2014, the Defendant opened and intruded into a house of the victim G in Suwon-si F, Suwon-si, Suwon-si, which was located in F on July 7, 2014, and used a galthular phone (market price) owned by the victim H.

Summary of Evidence

[2013 Highest 4740]

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each photograph (2014 Highest 3903);

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act concerning the crime and the larceny of the choice of punishment: The occupation of intrusion upon residence under Article 329 of the Criminal Act; Article 319 (1) of the Criminal Act;

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 reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order - Type 4 of the thief for general property of the thief crime - mitigated element of intrusion theft (special person] - mitigated element of the thief for living [the scope of the area and recommendation] mitigated element of the thief for living [the range of recommended punishment revised by the guidelines for multiple offenses] - 8 months to imprisonment from 8 months to 2 years to 3 months [the scope of recommended punishment revised by the guidelines for multiple offenses] aggravated element of imprisonment - The same criminal records of the same kind [the decision of sentence] that do not constitute a repeated offense - 120 hours to 2 years to 1 year to 20 hours to 3 years to 3 years to 1 year imprisonment, the above sentencing factors and the defendant recognize all of their mistakes, the amount of damage is minor, and

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