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(영문) 수원지방법원 안산지원 2016.12.22 2016고단4380

야간주거침입절도

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:40 on September 24, 2016, the Defendant: (a) was at the residence of the victim D located in Ansan-si, Seoul Building 205; (b) had been prepared in advance by the Draber, which was stuffed in the window installed on the door door door of the entrance; (c) had opened the crime prevention window in his hand, and intruded into the said residence through the window; and (d) had infringed on the victim’s land owned by the TV inside the room; and (e) had a total of 1,000 Chinese waste equivalent to the 1,000 Madern-si and the 491 Madern-si, China's land waste, etc. equivalent to the 491 Madern-si, which was located in the bank affected by the clothes, and was stolen by China.

Accordingly, the Defendant invadedd the victim's residence at night and stolen the property owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records;

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

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

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act include the confession of the crime of this case by the defendant prior to the prosecution of this case, the defendant agreed with the victim prior to the prosecution of this case, the victim does not want the punishment of the defendant, the defendant's physical condition is not good, such as being treated with cerebrovascular, and the defendant's primary offender is determined as the sentence within the scope of the sentencing criteria (limited to mitigation area: August - January 6).