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(영문) 창원지방법원 거창지원 2019.08.21 2019고단177
야간주거침입절도
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

On May 2, 2019, at around 19:46, the Defendant intruded into the first floor through the front door of the building of the Croat Party in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and then cut off one electric kick kick 7.50,00 won at the market price of the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Written statement of the draft D;

1. Records of seizure and the list of seizure;

1. Application of investigation reports (verification of surrounding CCTV images)-related Acts and subordinate statutes;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for violation of general property]: In cases of intrusion into places other than indoor residential space, the amount of punishment not to be imposed [the area of recommending punishment and the scope of recommending punishment], special mitigation area, imprisonment with prison labor for up to one year and six months;

3. Determination of sentence: Four months of imprisonment with prison labor and one year of suspended sentence (including the fact that the victim does not want the punishment of the defendant because he/she was agreed with the victim, and that the defendant does not have any other criminal record, in addition to the disposition of fine and suspension of indictment once);

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