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(영문) 창원지방법원 통영지원 2020.05.13 2020고단394
절도등
Text

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

1. Around 10:50 on March 30, 2020, the Defendant, who entered a residence, entered the victim C’s house located in Tong Young-si, through an unresh gate that was not corrected, and invaded upon the victim’s residence.

2. The Defendant: (a) at the above date, at the above time and place, the victim D of the said C’s caregiver 30,000 won (on the floor); (b) yellow fluorial bluorial bluorial bluorial bluoring in cash amounting to KRW 50,000,000, in which the market price was 82,000,000, in total; (c) one net gold bluoring in cash amounting to KRW 1,40,000 (five money); and (d) one passbook, agricultural head of Tong, agricultural cooperative head of Tong, and community credit cooperatives.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and C;

1. Application of Acts and subordinate statutes to photographs taken by a criminal investigation report (with respect to cash and net gold booms in the victim D's yellow boom), the details of remittance and settlement confirmed by mobile phones, and the victim D's net gold booms that were stolen;

1. Relevant Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

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

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

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief for general property [Type 4] Intrusion (special spofluor] mitigated elements: Living-type crimes [the area of recommending punishment and recommending punishment] mitigated factors: Imprisonment with prison labor for not less than eight months and six months;

3. Determination of sentence: The decision of sentence is highly likely to be criticized in that it commits the crime by intrusion larceny with four months of imprisonment and one year of suspended sentence (influent circumstances).

[Modern circumstances] The defendant's actual consumption profit is 60,000 won.

The defendant's mistake is recognized.

. Other.

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