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(영문) 대구지방법원 2019.08.13 2019고단2427
야간주거침입절도
Text

A defendant shall be punished by imprisonment for 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 May 1, 2019, at around 00:42, the Defendant: (a) opened an unclaimed window at a mar-type restaurant and intruded into the mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type knar-type mar-type mar-type mar-type mar-type

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on voluntary happiness of a person suspected of being involved in night buildings theft;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief [No. 4] Intrusion upon general property [special stief] mitigated elements: Living-type crimes, non-members of punishment [the area of recommending and the scope of recommending punishment] special mitigation areas, and April to June of imprisonment;

2. Determination of sentence: Determination of sentence: Imprisonment with prison labor for six months, probation one year following the suspension of execution, and other records, such as the defendant's age, occupation, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and the conditions of various sentencing as shown in the arguments of this case shall be determined as the order.

D. Unfavorable circumstances: In spite of the records of juvenile protective disposition of the same kind, the crime committed by the defendant by intrusion on the marina that he/she worked at night and thereby theft of the victim's goods is not less severe in light of the circumstances, contents, etc. of the crime.

The favorable circumstances: The defendant has no record of criminal punishment except juvenile protective disposition.

Defendant is led to confession and reflect.

In consultation with the victim, the victim expresses his/her intention not to be punished.

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