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(영문) 광주지방법원 2017.06.29 2016고단767
특수절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Special larceny (2016 Height 767), the Defendant, around December 30, 2015, committed theft with one computer equivalent to 6.35,000 won at the victim D’s market price on the front of the building at around 04:20 on December 30, 2015, where the first floor management office of the building in Gwangju Northern-gu C building was destroyed and damaged, and intruded into the office, and then stolen with one computer equivalent to 6.35,000 won at the victim D’s market price on the front of the building.

2. A thief (2017 Highestest 2283), the Defendant: (a) committed theft with LG mobile phones in the Franc room located in Gwangju Northern-gu, Gwangju, about May 12, 2017; (b) around 05:07, with the market value equivalent to KRW 8.90,000,000 at which the victim G was put on the e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes, such as photographs of damaged articles and CCTV screens installed in a person's residence;

1. Relevant legal provisions of the Criminal Act, Articles 331(1), 330 of the Criminal Act (Article 330 of the Criminal Act) and Article 329 of the Criminal Act (Article 329 of the Criminal Act) concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;

(a) 1) Crimes No. 1: Special larceny [the scope of recommendations] 4 types of general property (the 4th to one year) (the 1st six months) in the mitigation area (the 4th to one year) (the 1st six months), in cases where any person intrudes into a place other than an indoor residential space (the 4th type), in cases where any person carries a lethal weapon (the 4th special aggravated), or in cases where any person intrudes into a residential building (the 4th type), or in cases where any person intrudes into a residential building (the 4th type), in cases where any person intrudes into a residential building (the 4th type), or in cases where any building, etc. (the 4th type), such as any intrusion into night-time or night-time-destructive structure: thief [the scope of recommendations] in basic area (the 2th class to

(b) Application of standards for handling multiple crimes: Imprisonment with prison labor for up to two months from March;

2. Although the Defendant, who was sentenced to a sentence, committed an additional crime among several occasions, it is necessary to strictly punish the Defendant. However, in the course of investigation, agreement was reached with the victim of a special larceny.

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