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(영문) 대전지방법원 논산지원 2014.08.12 2014고단173
야간주거침입절도
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On April 19, 2014, the Defendant: (a) entered the victim D’s house located in Seosan-si C, 2014, through the entrance door, which was not locked, and then stolen the Defendant’s cash 303,000 won, which was at the entrance of the entrance, with the entrance of the entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of D police statements;

1. Application of each of the visual Acts and subordinate statutes to field photographs and photographs;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The scope of applicable sentences: Imprisonment for one month to ten years;

2. Sentencing criteria [Determination of type of punishment] thieves group, thieves group on general property (subject to recommendation] : Imprisonment with prison labor for not less than four months but not more than one year and six months: No special mitigation factor: living penalty, not more than a penalty, and no special aggravation factor:

3. Determination of sentence: Six months of imprisonment; and

4. Whether or not the suspension of execution is positive for two years (major reasons): Offenses of living style, no negative result of punishment (the reason for general reference): positive (The reason for general reference): the minor damage, serious reflectivity, and that the detention of the defendant is likely to involve excessive difficulty to his dependants: the suspension of execution of imprisonment with prison labor accompanied by probation within the scope of the recommended sentence, such as a comprehensive consideration of the following factors: The suspension of execution of imprisonment with prison labor, which is accompanied within the scope of the recommended sentence, shall be imposed, in consideration of the overall circumstances revealed in the arguments of the same kind of fine and the first time (comprehensive comparison and evaluation).

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