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(영문) 제주지방법원 2016.05.27 2016고단137
절도등
Text

A defendant shall be punished by imprisonment for six 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

On January 3, 2016, around 16:00, the Defendant invadedd upon the E-mail in Jeju, which was located in D, the Victim C ( South Korea, 47 years of age) in Jeju, with an open entrance, in order to steal money, and stolen the money, with the cash amounting to 23,000 won owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Application of the Acts and subordinate statutes to a criminal investigation report (the attachment of photographs of ctv video data editing pictures on the face of a crime);

1. Relevant legal provisions and the choice of punishment concerning the facts constituting an offense: Imprisonment with prison labor under Article 329 of the Criminal Act (the point of Section 329), Article 319 (1) of the Criminal Act (the point of intrusion on buildings) and Article 319 of the Criminal Act;

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Protection observation: The sentencing criteria under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and Article 62-2(1) of the same Act, and the following circumstances, shall be determined as ordered by taking into account:

The favorable circumstances: The facts of the crime are recognized and considered to be facts of the crime, the damage amount is not significant, and the remaining circumstances that seem to result in the case: The fact that the punishment of a fine for the same kind of crime is possible: The fact that the person has been punished for the same crime; the circumstances after the crime was committed; the defendant's occupation, age, family relation [the recommended sentencing guidelines for larceny] [the scope of recommended punishment]] the area of special mitigation (4th to one year and six months) (special mitigation factors) [special mitigation factors] living type crime, indoor residential space where the person intrudes into a place other than indoor residential space (4 type). It is so decided as per Disposition.

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