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(영문) 광주지방법원 목포지원 2017.06.02 2016고단126
재물손괴등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant, who was living together with the victim C, was aware that the victim was in custody of high-priced scamblings, and stolen it.

On January 11, 2016, at around 11:18, the Defendant came to the house of the injured party D located in the Southern-gun, Southern-gun, the Defendant: (a) destroyed the window of the injured party’s house in the market price by cutting off and damaging the window of the injured party’s house; (b) removed the locking device of the windows by inserting the hand with the window with the shoulder glass; (c) intruded into the house through the window; and (d) took a theft of this part of 3.7 million won per the market price, which is the market price owned by the injured party while being kept in the inner gate, at the same time.

Accordingly, the defendant damaged the victim's property, intruded the victim's residence, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. Application of on-site photographs, ctv video images c.

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of sentencing recommended according to the sentencing criteria;

A. In a case where the crime of intrusion upon residence and the crime of larceny are not at night (thief) but at night, the crime of intrusion upon residence and the crime of larceny are concurrent crimes, but they are classified as “infringed larceny” and are not treated as multiple crimes.

[Scope of the recommended punishment] Class 4 (Intrusion thief) area mitigation (from August to January 6) (Special Mitigation) area for the theft of general property

(b) Cases where the mitigated area (one to six months) of the mitigated area (one-month), the punishment is not suspended (including serious efforts to recover damage), or substantial damage is recovered from the mitigated area (including one-way efforts to recover damage) of the second-class crime (the scope of the recommended punishment) (the scope of punishment) general standards;

(c) the scope of final sentence due to the aggravation of multiple offenses:

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