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(영문) 서울북부지방법원 2017.08.11 2017고단1869

절도등

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

On August 13, 2012, at around 17:00, the Defendant: (a) stolen the property from the victim C’s house B in Gangnam-gu Seoul Northern District; (b) stolen the property to the victim’s house through a window outside the wall and without correction; (c) invaded the victim’s house; and (d) stolen the property with precious metal of KRW 10,000,000,000, in total amount of KRW 100,000,000,000,000 won, and KRW 10,000,000,000.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to fingerprinted and replies at criminal scene;

1. Relevant Article 329 of the Criminal Act (a point in Section 329), Article 319 (1) of the Criminal Act (a point in intrusion upon residence) and choice of imprisonment with prison labor for the crime;

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. The grounds for sentencing under Article 62(1) of the suspended sentence under the Criminal Act recognize the Defendant’s mistake as the time of committing a crime, and the instant crime was committed on the five-year basis, and at the time, the Defendant was a minor under the age of 16, there was no record of criminal punishment, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after committing the crime are considered comprehensively and determined as ordered.