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(영문) 창원지방법원 2016.05.12 2016고단515
절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On February 18, 2015, the Defendant invadedd a structure: (a) around 10:00, at the victim D’s “E” room operated by the victim D, who was located in the window C of Changwon-si, Changwon-si; (b) opened a back door that was not corrected by the victim D, by thefting the property, and intruded into the structure managed by the victim.

2. The Defendant stolen, at the above time and place, with an electronic siren of 100,000 won owned by the victim D, who was in the air conditioning room at the kitchen.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense (a point of view) of the relevant Act;

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended punishment] The mitigated area (from August to January 6) for general property (the special mitigated person] [the decision of the sentence] in cases where he intrudes into a place other than the indoor residential space / [the decision of the sentence] four months of imprisonment, the suspended execution of one year (the course and method of the crime, the reflects the fact that the crime is committed, the fact that the damage was not serious, the damage was returned, the fact that the damage was returned, and the fact that there was no past record of criminal punishment for the same kind of crime after the day of 200, and the above sentencing sentence is sentenced more minor than the above recommended sentence]

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