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Reasons
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(영문) 대전지방법원 서산지원 2018.08.23 2018고단533
절도
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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

The Defendant: (a) around 07:50 on March 9, 2018, at the victim C’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) caused damage to his house by putting the house out of his house; (c) made up of approximately KRW 10,000,000 in cash, the sum of the market value of which is KRW 550,000,000, KRW 1,000,000,000, KRW 200,000,000, KRW 1,000,000, KRW 5,000, KRW 18K 1,8K 1,14 K mb, 14 K mb, 14 K mb, 14 K mb, 14,2 K mb, 14,200, and 1,000 K mb, 14,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Protocols of seizure, list of seizure and photograph of seizure;

1. Investigation report (Investigation as to the counter party of D business);

1. An investigation report (a report on confirmation of money and valuables damaged, hearing statements from a victim, relating to the amount of market price of damaged goods);

1. Application of reports on results of field identification, and statutes on site photographs;

1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria, the mitigated area (from August to June) of the mitigated area (the mitigated area) of the general property;

2. The sentence shall be determined as ordered in consideration of all the sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant's decision on the sentence of punishment fully acknowledges the error, smoothly agreed with the victim, the fact that there is no serious criminal record other than twice a fine for another type of crime, and the fact that there is no other serious criminal record other than the defendant's age, sex, career, environment, relationship with the victim, circumstance and result of the crime, and circumstances after the crime.

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