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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 광주지방법원 2014.04.17 2014고단495
야간주거침입절도
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

During the school vacation period, the Defendant used the fact that students get off their house with a view to getting off their house, and used it in an open room to steal others’ things.

1. On December 15, 2013, at around 22:20, the Defendant: (a) opened a corrective entrance at the victim C (n, 20 years of age) room located in Gero-gun B; and (b) intruded into the said room; and (c) embling the victim’s market price at approximately KRW 320,000,000 in the bank, the victim’s own property, and stolen the victim’s property.

2. On December 15, 2013, at around 23:15, 2013, the Defendant opened and intruded into the victim E (Inn.e., 21 years of age) by opening a entrance in which the location was not corrected, and made a theft of the victim’s property by using the cresh in which the victim was locked.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to E and C;

1. Application of each Act and subordinate statute to the records of seizure (fields), the list of seizure (number 30), the records of seizure (statements) and the list of seizure (number 39);

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. Article 62 (1) of the Criminal Act ( considered as follows);

1. The scope of mitigation of types of larceny regarding general property subject to punishment under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. is to determine a punishment deviating from the scope of recommendation, taking into account the favorable circumstances, such as: (a) imprisonment with prison labor for August and one year and six months; (b) imprisonment with labor for not less than a special reason for the defendant; and (c) the depth reflects the crime of this case; and (d) the victims are not subject to the punishment of the defendant by mutual consent with the victims; and (b) the execution of the sentence

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