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(영문) 수원지방법원 안산지원 2016.03.29 2016고단236
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

1. On October 27, 2015, the Defendant: (a) returned home while drinking alcohol on around 04:28, 2015; (b) used that the window C 101, 101, B, was not locked by the victim’s residence; (c) brought one panty panty, the market price of which is equivalent to KRW 30,000,000, which is owned by the said victim.

Accordingly, the defendant stolen the victim's property.

2. Around October 27, 2015, the Defendant invadedd the victim’s residence via the entrance door, which is the victim’s residence, from the door door, E 205, and the victim who observed the intrusion escaped as they were.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of B and F;

1. Application of Acts and subordinate statutes to internal investigation reports (to peruse CCTV video images) and investigation reports (to attach uniforms photographs worn by the person under investigation at the time of committing the crime);

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the person subject to special sentencing] has no basic area (6 months to 1 year and 6 months) (the person subject to special sentencing] [the multiple crime processing standards] / The minimum limit of the recommended punishment shall apply since there are housing intrusion crimes for which no sentencing guidelines have been set

[Determination of sentence] The following conditions and the conditions of all the sentencing recorded in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case, shall be determined by taking into account the following circumstances and the sentence like the order.

There is a record of being sentenced to one suspended sentence for a crime of the same kind.

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