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(영문) 수원지방법원 2019.09.17 2019고단3198
절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 31, 2019, the Defendant: (a) went into the residence of the victim C at the △ apartment △dong-dong, Suwon-gu, Suwon-si; (b) obtained a password of the locking device, which was known by a remote method; (c) invaded into the room; and (d) brud the victim, who was kept under custody of a small brut, one of the brut bags, and stolen the market price, which was the victim’s possession.

2. On April 1, 2019, around 02:13, the Defendant, at the place under the above “1,” obtained a password of the entrance locking device, which was identified as the above “1,” and entered the entrance to the entrance, thereby infringing on the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes, such as site and CCTV images;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act for probation and community service order is so-called salking crime, and the victim is suffering from extreme mental suffering due to this case, and its nature is not exceptionally applied to such crime;

In addition, even before, the defendant had a record of being punished by a fine or suspended indictment on the condition of counseling by attaching a location tracking device to the people around the victim, causing a crime such as vehicle damage, etc.

However, the sentencing conditions shown in the records and arguments, such as the fact that the defendant recognized the crime and reflects the wrong, the fact that there is no other special criminal records, and the defendant's age, character and behavior, living environment, circumstances after the crime, etc., shall be determined as ordered.

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