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(영문) 광주지방법원 목포지원 2017.04.20 2016고단1096
절도등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. From August 14, 2016, the Defendant: (a) around 16:30 on August 14, 2016, the thief: (b) opened without a locking window for the victim D, which is located in Newanan-gun C; and (c) cut off with 15,000 won in cash, and 100 won in cash, and 50,000 won in air conditioned in air conditioners; and (d) cut off with 10,000 won in cash, and 10,000 drinking water, and 1 breabbre.

2. From August 14, 2016, the Defendant: (a) around 23:40 on August 14, 2016, the Defendant: (b) went back to G sales slips administered by the victim FF in Newanan-gun E; (c) 40,000 won in cash in a safe; and (d) 27, a tobacco amounting to KRW 121,000 in a market price; and (d) 3 C in a small amount equivalent to KRW 9,00 in market price.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, and F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act (absurd point, a choice of imprisonment, or a punishment) concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief for intrusion on night buildings);

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. On the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence, Article 62(1) of the Act on the Suspension of Execution, the first crime [the scope of recommendations] committed against general property 4 types (in the event that a person subject to special mitigation has intruded into a place other than an indoor residential space / [the scope of recommended punishment / [the scope of recommended punishment ] 2 types (in the case of a person subject to special mitigation / in the case of a person subject to special mitigation ] 4 types (in the case of a person subject to special mitigation / 1 year and 6 months) of the mitigated area (in the case of a person subject to special mitigation ] / the mitigated area (in the case of a person subject to special mitigation / in the case of a person subject to multiple aggravated punishment / in the case of a person subject to multiple aggravated punishment / [4 types)] : August to February / [the decision of sentence] was not subject to criminal punishment for the same offense; the value of the stolen goods is relatively minor, and certain

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