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(영문) 의정부지방법원 2016.06.27 2016고단1518
절도등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant saw that he works as an article on a selective worship, and had no seal on a house with an intention to steal the property.

1. On March 25, 2016, the Defendant was in the Victim C house located in Namyang-si, Namyang-si, 12:55 on March 25, 2016, and the Defendant, on the other hand, destroyed the entrance door, and confirmed that the victim was locked from the inside and outside of the inside, unless corrected, and then cut off five mobilephones equivalent to KRW 600,000 at the market price owned by the victim.

2. Around April 8, 2016, the Defendant attempted to steal another’s property on the wind that the victim was discovered, but attempted to steals, in the place described above, at around 12:30, around April 8, 2016, when he opened and intrudes into the victim’s house, and opened and intrudes into the victim’s house, and ruptures, ruptures, exploss, etc., and ruptures stolens.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. A written appraisal;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act that prescribes the choice of punishment (a point in Section 329), Articles 342 and 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order is that the Defendant committed such crime by taking advantage of the occupational characteristics of selective officers is a bad and that it is doubtful whether the Defendant committed other crimes than the instant crime.

However, considering the fact that the amount of damage is relatively small, the fact that there is no criminal history against the defendant, and the age, sex, and circumstances after the crime, all of the sentencing conditions against the defendant, such as the defendant's age, sex, and circumstances after the crime, the punishment is determined as ordered.

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