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(영문) 광주지방법원 2015.09.09 2015고단2758
절도등
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 17:00 on March 29, 2015, the Defendant: (a) opened a e-welfare center for the victim D management in Naju-si; (b) opened a e-welfare center for the victim D management in Naju-si; and (c) placed a 29-person television with the market value equivalent to KRW 180,000,000 in the market value managed by the victim by intrusion on the living room; and (d) stolen the scoo-electric

2. Around 15:00 on May 25, 2015, the Defendant: (a) opened a gate that was not corrected in the house of the victim G located in Naju City F; and (b) intruded into the small bank through Mail, thereby holding one television of 50,000 won at the market price of the victim’s ownership on the book; and (c) stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law to the statement statement made to G, H and I by each police officer;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Entry into a structure or entry into a house as indicated in the judgment: Article 319 (1) of the Criminal Act (Appointment of imprisonment with prison labor);

(b) The point of larceny in its holding: Article 329 of each Criminal Act;

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 on the suspended execution (including the fact that the amount of damage is relatively small);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation and Article 59 (1) of the Act on Probation, etc.;

1. Class 1 Crimes (Determination of Punishment) 4 (Special Misappropriation) (Special Misappropriation) for thief on general property - [Determination of the area of recommendation] mitigated area of mitigation of punishment [Scope of recommendation] 8 to 1 year and 6 months [General Convict] - Unlimited previous departments (less less than 10 years after completion of execution) that do not constitute a repeated offense of aggravation.

2. Second Crimes (Determination of Punishment) No. 4 (Special Larceny) (Special Convict) for thief on general property - In the event of intrusion upon places, other than indoor residential spaces (Type 4) for mitigation factors (decision on the recommended area), in the area of special mitigation [Scope of Recommendation] 4 to 1 year and 6 months [General Convict] - mitigation factors.

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