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(영문) 광주지방법원 2019.02.21 2018고단4308
절도등
Text

A defendant shall be punished by imprisonment for six months.

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

On March 5, 2018, at around 11:30, the Defendant intruded into the house through the front door door of the victim C, which was not corrected in front of the house of the son, which was located in the Chosung-gun, and had one green beer, owned by the victim of green beer amounting to KRW 20,000 at the market price, and stolen the property, such as clothes, owned by the victim, from May 2015 to March 5, 2018, the Defendant invaded into the residence of the victims 17 times in total, and stolen the property, such as clothes, in the victim’s possession.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Each simplified statement of D, E, F, G, H, I, J, K, and L;

1. A seizure record and a written submission at will;

1. Application of Acts and subordinate statutes to the fieldCCTV image, photograph of the damaged site, photograph of the damaged object, photograph of the suspect's residence, photograph of the suspect indicating the place of crime, categories of the damaged object, photograph of the suspect indicating the place of crime, specific damaged object, photograph of the damaged object, the damaged area,

1. Relevant Articles 329 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and choice of imprisonment with prison labor for the crime;

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 reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order include a history of having been sentenced to the suspension of indictment in relation to the theft crime on January 20, 2016. The Defendant, upon intrusion upon the victim’s residence for a long time, stolen female clothes, and the Defendant was highly likely to develop into other crimes, such as robbery, compared to ordinary larceny. However, in light of the fact that the amount of damage is relatively small and considerable damage and considerable damage appears to have been recovered, the Defendant is selected to be sentenced to imprisonment and the execution thereof shall be suspended only once, and probation and community service shall be ordered for the improvement of the Defendant’s character and behavior and treatment within society.

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