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(영문) 청주지방법원 2019.05.29 2019고단701
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 2018, the Defendant: (a) opened a “D” building managed by the Victim C in Heung-gu, Sung-gu, Sungdong-gu; (b) opened a window not locked by a male toilet on the first floor, destroyed and damaged; and (c) intruded into the following: (a) carried and stolen a swine plos amounting to KRW 13,00 in cash; and (b) infringed upon the structure managed by the victims over 11 times in total, such as the list of crimes in the attached Form, and attempted to steals or steals property amounting to KRW 414,400 in total market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s report on damage, F’s statement, and G’s statement;

1. Application of Acts and subordinate statutes to confirm the identity of each on-site photograph, fingerprints of each thief case, photographic description, each photographic material, and investigation report;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 329 (a thief, choice of imprisonment), 342 and 329 (a thief, choice of imprisonment), 319 (1) of the Criminal Act (a point of intrusion upon each structure), 366 (a) of the Criminal Act (a point of causing damage to property, and choice of imprisonment) of the choice of punishment;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of punishment by law: Imprisonment for one month to nine years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A thief (decision on a type of thief) committed on general property; A thief (No. 4) committed on general property; A thief (special salvists): In cases of intrusion into places, other than indoor residential space (the area of recommendation and the scope of recommendations); A mitigated area; imprisonment with labor for up to one year and six months;

(b) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than eight months (a concurrent crime with an offense for which no sentencing guidelines are set);

3. 8 months of imprisonment with prison labor for the decision of sentence, 2 years of suspended sentence, the statement that the victim does not want the punishment of the defendant, 2 years of suspended sentence, and 3 years of imprisonment.

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