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(영문) 의정부지방법원 2013.04.02 2013고단520
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 22:00 on December 5, 2012, the Defendant intruded into the said residence by using a key prepared in advance to the said residence of the victim C2 of the Dongducheon-si C2, and 300,000 won (in 10,000 won, 10,100 won check), and 200,000 won in total, from the wall to the victim’s wall owned by the victim in the domestic cremation room (in 20,000 won check), and stolen the said house.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to fingerprinting materials as a result of appraisal of criminal scene;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Scope of applicable sentences for sentencing under Article 62-2 of the Social Service Order Act: The range of final sentences recommended by sentencing guidelines from January to October: From August of imprisonment to June of a year; [criminal type] The mitigated element: No aggravated element of larceny standard for theft of general property among theft crime group: Reduction of punishment [the scope of recommendation] [the mitigated element of punishment [one year to June of a year from August of a prison term] in the mitigated area (the mitigated element of imprisonment with prison labor] in the sentencing criteria: Whether to recommend the suspension of execution based on the serious reflect sentencing guidelines [the main reasons for revision] if there is no negative reason: There exists no positive reason: The affirmative reason for a suspended sentence; the same crime has been decided before and after the suspension of execution on two or more occasions; the one-year imprisonment with prison labor for the same kind of crime has been decided; and the one-year punishment has to be imposed for the same crime; and the one-year punishment has to be imposed for six or more years; and the one-year punishment has to be imposed for the same kind of larceny; and one-year punishment for the same crime has been imposed for six or more than six months.

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