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(영문) 춘천지방법원 영월지원 2020.07.21 2020고단135
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 21, 2020, the Defendant: (a) around 03:15 on March 21, 2020, the victim C and the victim D resideed in Gangwon-si, and (b) opened an entrance door and entered into the entrance, and then stolen the victim C’s new 1,000 won at the market price owned by the victim C, which was in the second floor co-sponsed, and then cut off with a new 1,000 won at the market price owned by the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and F;

1. Application of CCTV photographs and field photographs, internal investigation reports (the confirmation of CCTV images for crime prevention and the raising of a suspected person at the time of the case), on-site photographs, and CCTV images for crime prevention;

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. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property, intrusion larceny [Special Convict] for mitigated elements: Non-conformity of punishment (the scope of recommending area and recommending punishment] for mitigated areas, imprisonment with prison labor for August 1 and June;

3. The Defendant, at night, abused a female house and stolen an emergency warning flashing on an emergency.

The defendant's responsibility for this is not easy.

Defendant has been punished for larceny.

However, considering the fact that the defendant is recognized as committing a crime, the value of damaged goods is minor and the victims do not want the punishment of the defendant, and the criminal records of the same theft are old, considering the fact that the criminal records of the crime are old, the punishment of the defendant is lower than the lower limit of the recommended punishment, as stated in the order, by comprehensively taking into account all the records such as the defendant's age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime.

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