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(영문) 대전지방법원 공주지원 2013.03.22 2012고단424
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six 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

At around 19:50 on May 12, 2012, the Defendant invadedd the residence of the victim C and the victim D, and stolen the 33,000 won in cash from the clothes of the victim D, which were owned by the victim C, and the 40,000 won in cash, which were owned by the victim C, and stolen the 73,000 won in cash from the clothes of the victim D, which were owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The police seizure record and the list of seizure;

1. Application of field photographs, seized articles and Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following grounds for sentencing)

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

(a) Determination of types: Each thief crime group, theft against general property, and theft against four categories;

(b) Special convicts - Reduction elements: Where a person intrudes into any place other than an indoor residential space (type 4);

(c) Scope of recommending punishment: Imprisonment for each of 8 months to 1 year and 6 months ( mitigated areas); and

(d) Scope of revised recommendations: Imprisonment with prison labor for up to two years (referring to the guidelines for handling multiple crimes);

(e)general prisons - mitigation elements: serious reflectivity or criminal punishment if significant damage has been restored;

(f) Grounds for suspension of execution - There is no record of criminal punishment (esteem): Damage warning, social ties clearly, serious anti-esteems;

3. Determination of sentence: A sentence shall be determined as per the order beyond the scope of sentencing criteria, taking into account the following factors: six months of imprisonment, the stay of execution two years, the Defendant appears to have committed a contingent crime under the influence of alcohol, the amount of damage, the total amount of damage was returned to the victims, the full recognition of and reflects all crimes, and other factors of sentencing specified in the trial process of this case, including the Defendant’s age, character and conduct, family environment, etc.

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