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(영문) 의정부지방법원 2017.01.09 2016고단4262
특수절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 7, 2016, at around 21:00 on July 21, 2016, the Defendant had a 300,000 won of the market price of the victim’s possession (mathmp) with a view to a locking glass window using a watcher at his/her residence in Dongducheon-si B, a locker, and a locker, and opened a door and opened a locker, and had one math of the 300,00 of the market price of the victim’s possession.

Accordingly, the defendant stolen the property owned by the victim by damaging door at night and impairing the residence of the victim.

2. Around 22:00 on July 10, 2016, the Defendant destroyed property by putting a stone around the road in front of the above place, and putting a window in front of the victim C’s house in front of the window, thereby destroying two copies of windows equivalent to the total market value of KRW 100,000, the victim’s market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C;

1. Each photograph, such as a glass window, pet dog, etc.;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 331(1) and 330 of the Criminal Act (special larceny), Article 366 of the Criminal Act, and Article 366 of the Criminal Act, and choice of imprisonment with prison labor concerning the crime of destroying property

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentence of sentencing under Article 62(1) of the Criminal Act, based on the fact that the defendant living together did not enter the house and thereby committed the crime of this case, and the defendant returned the stolenness and the strongness of the defendant and compensated for the value of the glass, the sentence was suspended and the execution was suspended.

In addition, the sentencing conditions that are disadvantageous to the defendant, such as the age, sex, and circumstances after the crime, shall be considered, and the punishment shall be determined as per the order.

It is so decided as per Disposition for the above reasons.

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