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A defendant shall be punished by imprisonment for six months.
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
On July 2016, the Defendant went into the house of the victim C located in the Yancheon-gun, Chungcheongnamcheon-gun, the Defendant: (a) went into the house through the main window of the bank; (b) went out and stolen the “ B” gas sprayers owned by the victim located in the inside and outside of the bank; (c) did not obtain permission to possess a gun from the head of the competent police station until July 19, 2016; and (d) carried the said gas gun without obtaining permission to possess a gun from the head of the competent police station.
Summary of Evidence
1. Statement by the defendant in court;
1. C Police Statement Statement;
1. A protocol of seizure and a list of seizure;
1. Application of gas sprayers, photographs, field photographs and Acts and subordinate statutes;
1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 329 of the Criminal Act (the point of Do), Article 71(1) and Article 12(1)2 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc. (the point of possessing an unauthorized gas gun), and the choice of imprisonment, 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. 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. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment] for general property [the scope of the punishment] and the mitigation area (the person with a special mitigation in August to one year) / [the person with a special mitigation in one year] / The sentencing guidelines are not set for the crime of intrusion upon residence which is one of the concurrent crimes with no punishment, and the crime of carrying an unauthorized gas sprayers, and the sentencing guidelines are not set. Thus, the lower limit of the above sentencing guidelines should be considered only for the crime and the crime of possession of gas sprayers without permission. 2. The sentencing factors unfavorable to the sentence on December 1, 200 are those that intrude into another person's house and steals goods and carry gas sprayers without permission. There is no criminal record other than once the same suspended sentence of punishment. The agreement with the victim is recognized and reflected. Then, the sentencing conditions in Article 51 of the Criminal Act should be comprehensively taken into account.