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(영문) 제주지방법원 2017.02.10 2016고단2111
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2016 Highest 2111 / around March 3, 2016, the Defendant discovered a small credit cooperative possessed by the victim D during television display at “Ecos promptly,” operated by the victim D in Seocho-si on March 3, 2016, and then steals money, steals money, enter a warehouse, bring Liber into the warehouse, bring a small credit cooperative into the warehouse, resulting in milching the small credit cooperative, and then take 35,000 won in cash in the possession of the victim.

L. A. L. theft was committed.

[2016 Highest 2919]

1. From January 10, 2016 to around 22:00 on the following day, the Defendant: (a) opened a cresh that did not have a manager at the G office located in Seopopo City F during the period from around 11:00 on the following day; and (b) went into a back office and made smoking and drinking; and (c) intruded the above structure managed by the victim H.

2. On March 3, 2016, the Defendant opened and opened a locked entrance for the purpose of temporary residence without the victim’s permission at the time of Seogpopoposposposposposposposposposposposponding from March 3, 2016, and removed at the victim’s request on the same day at the same time on March 4, 2016, and intruded the structures managed by the victim for the same purpose at the victim’s request.

Summary of Evidence

1. The defendant's legal statement [2016 highest order 211];

1. Written statements prepared by D;

1. Reporting on occurrence of a disaster;

1. Investigation report (Investigation report on CtV images) (2016 Height 2919);

1. Written statements prepared by L or J;

1. A report on the results of field identification;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements on board a victim);

1. Relevant legal provisions and choice of punishment concerning facts constituting an offense: Article 329 of the Criminal Act (a point of view) and Article 319 (1) of the Criminal Act (a point of view) and the choice of imprisonment, respectively;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Protection observation and community service order: Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc.

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