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(영문) 수원지방법원 안양지원 2021.01.07 2020고정538
절도등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 2, 2020, the Defendant entered Korea through the gate, which was opened at around 12:30 on June 2, 202, the victim C, in his residence, and went to Korea with a 180,000 won of the market price, as soon as the market price of 180,000 won or more, 20,000 won of the market price, 2,000 won of sun-dried salt 1,000 won of the market price, and 4,000 won of the market price.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the police against C by the defendant at court;

1. Application of Acts and subordinate statutes to reporting investigations into larceny-related photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Article 329 of the Criminal Act that selects a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of fines, 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. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The sentence shall be suspended only once, taking into account the following factors: (a) the reason for sentencing under Article 59(1) of the Criminal Act (including the circumstances favorable to the examination of the reasons for sentencing as follows) is the first offender with no criminal history; and (b) the fact that the Defendant agreed smoothly with the victim.

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