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(영문) 수원지방법원 2020.11.05 2020고단5837
절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 11:00 on May 26, 2020, the Defendant: (a) removed a shock net installed on the inner window using stone with the purpose of cutting away the objects in the victim C’s residence located in Masung City B; (b) destroyed the repair cost amounting to approximately KRW 20,000, and entered the place via the window for the purpose of cutting the objects into the victim C’s residence; and (c) removed the shock net installed in the inner window with stone and damaged the repair cost of approximately KRW 20,00.

Accordingly, the defendant damaged the property owned by the victim and infringed on the residence of the victim.

2. Larceny;

A. The Defendant removed the swine womb, which was on the top of the front line at the same time and place as the above Paragraph 1, and later left 20,000 won in cash owned by the victim C.

B. On May 17, 2020, the Defendant: (a) 07:34 on May 17, 2020, posted a key on “E” in front of the “E”, and went to drive and drive one G gate, which is the victim F owned by the Defendant, at the market price of KRW 2,700,000.

Accordingly, the defendant stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement C, H and I;

1. On-site photographs and damaged objects;

1. Reports on internal investigation (the statement of the victim C), investigation reports (the confirmation of the location of the damaged article before committing a crime), and accompanying documents, the intensity and photographs of the victim's location where the damaged article is located, investigation reports (the case of larceny in the Republic of Korea) (the case of larceny in the Republic of Korea), investigation reports (the case of larceny in the Republic of Korea), investigation reports (the other party to the victim), investigation reports (the investigation of CCTV), investigation reports (on-site CCTV), and the E-to-mail closed photographs of the larceny CCTV, investigation reports (the result of the request for appraisal with the State and the result of the request

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Suspension of execution is Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing).

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