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(영문) 광주지방법원 해남지원 2019.07.11 2019고단135
특수절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On December 23, 2018, the Defendant: (a) around 21:34, 2018, when the Victim C owned by the Victim C in Fullnam-gun B came to a plastic house, the Defendant: (b) went into a plastic house with the face-to-face knife and carried into the plastic house; and (c) cut off four gasolines equivalent to KRW 80,000 at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Articles 331(1) and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Scope of applicable sentences under law: Six to five years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons] for intrusion (Special Convicted Persons] for places other than indoor residential spaces: In cases of intrusion into places other than indoor residential spaces, the aggravated factors: The basic area of intrusion into buildings, such as night damage and destruction [the scope of recommending area and recommending punishment], and one to two years and six months;

3. Determination of sentence: Imprisonment with prison labor for 8 months and suspended execution for 2 years, the Defendant stolen property by breaking a vinyl into a vinyl at night and exposing it into a vinyl. Considering the risk of the crime itself, the crime is deemed to be bad and not completely restored until now.

However, given the favorable circumstances, such as the fact that the defendant recognized the crime, the damage amount is relatively minor, the criminal records of the same kind are previous records before about 35 years, but the fact that there is no particular criminal records other than the punishment of four times due to unauthorized driving, etc., the punishment is determined as ordered by the Supreme Court, taking into account the following factors: the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all sentencing conditions specified in the records and arguments, such as the circumstances after the crime, etc.

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