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(영문) 광주지방법원 2016.02.03 2015고단4867
야간주거침입절도등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 15, 2015, the Defendant followed a car parked in Seo-gu, Seo-gu, Gwangju on November 15, 2015, and entered a house through a kitchen window that was not corrected in No. 203 of the above B room room 203 where the victim of female-friendly job offering C resides, and thereby, damaged 40,000 won of the market price, such as plucking, plucking, and plucking, plucking, etc., of c.60,00 won of the 3.6 million won of the market price.

500,000 won, two flags (influences, etc.) and one flags (influences).

Accordingly, the Defendant destroyed another person's property and stolen another person's property by intrusion upon residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Night time larceny in the judgment: Article 330 of the Criminal Act;

(b) The point of destruction of property as stated in the judgment: Article 366 of the Criminal Act (the choice 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 (i.e., the agreement with the victim and the absence of any previous conviction)

1. Class 1 Crimes [Determination of Type] 4 (Intrusion Larceny) (Special Sentencing Person) on the thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th st st st st st st st st st st st st st

2. Class 2 Crimes [Type 2] 1 (Special Sentencings, etc.) (Special Sentencings) - source of punishment for mitigations - base area [Determination in the territory of recommendations] basic area [the scope of recommendations] 4 months to 10 months [general Sentencings] - there is no reflective criminal punishment of mental and physical weakness of mitigations (personal responsibilities)

3. Final scope of sentence: The result of the aggravation of multiple offenses (No. 1/2 of the upper limit of crimes No. 2): 8 months to 11 months.

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