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(영문) 광주지방법원 2016.09.22 2016고단3048
절도등
Text

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

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

Reasons

Punishment of the crime

On March 25, 2016, around 12:40 on March 25, 2016, the Defendant entered the victim C in Seo-gu, Seo-gu, Gwangju, and then cut 3 of the windowpane windowpane windowpane by using the front gate, which is a dangerous object in front of the main warehouse, and then cut 3 of the windowpane windowpane and damaged it, and entered the body of the victim through the window.

The defendant continued to have 300,000 won in cash owned by the victim in the victim's house and one million won in the market value, Samsung Empt.

Accordingly, the defendant invadedd the residence of the victim, destroyed the victim's property by carrying dangerous things, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (a photograph of the scene of crime);

1. C’s statement;

1. Photographss of damaged objects, on-site inspection photographs, photographs of criminal tools, and photographs of cut crimes prevention creative photographs;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Article 329 of the Criminal Act that provides for the choice of punishment (a point of Section 329 of the Criminal Act), Articles 369 (1) and 366 of the Criminal Act, Article 319 (1) of the Criminal Act (a point of intrusion upon residence), 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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, where actual damage is minor in the area of special mitigation [2 months-10 months-10 months-10 months-2] in the area of mitigation (8 months-1 year-6 months-2 months-2) of the area of mitigation of punishment (the scope of recommended punishment] Class 2 of the area of mitigation of general property [the scope of recommended punishment] [the scope of special mitigation] of the area of mitigation (2 months-10 months-2 months-10 months-2] of the area of punishment (including serious effort to recover damage) or substantial damage is recovered, in light of the number of months-1 months-2 months-2 months-2 months-2 and/or 11 months-2 months-2, etc. of the crime of this case, the scope of final punishment due to the aggravation of punishment (including serious effort to recover damage) or substantial damage is not restored to the victim.

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