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(영문) 창원지방법원 통영지원 2014.01.07 2013고단916
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 29, 2013, at around 23:55, the Defendant: (a) cut the string line, using the first studio prepared in advance on the Tudio Budio of Tong-si; (b) opened the said string line to the above 302 studio of the injured party C’s residence; and (c) intruded the said lines through the window that was not locked.

Then, the defendant stolen 50,00 won, 50,000 won, 10,000 won, and 20,000 won, which were in his/her clothes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on police seizure records;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. According to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant is recommended to be sentenced to 8 months to 1 year and 6 months (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2009). The sentencing guidelines for sentencing are as follows: (a) the amount of damage is large and the amount of damage is not appropriate for the law

However, considering the fact that the victim does not want the punishment of the defendant, that the defendant is the primary offender, and that he reflects the fact, the reasons for sentencing favorable to the defendant.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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