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(영문) 수원지방법원 안양지원 2017.06.13 2017고단703

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On April 5, 2017, the Defendant: (a) entered and intruded into the second floor parking lot of the above building with the view of theft of the goods from the victim D located in Ansan-si around 04:40, the Defendant discovered that the door of the FVS car parkeded by the victim is not corrected during the passage of the 20th floor of the above building; (b) opened a tring line between the driver’s seat of the said car parked and divided the tring line between the two, and opened a tring line with the market price of 50,000,000 won owned by the victim; and (c) opened a 360,000,000,0000,000,0000, 700,000, 360,000, 360,000, market price of the said car on the ground of the 3,50,000,00.

In other words, he gets a bicycle prepared in advance.

As a result, the defendant abused the victim's residence at night, and stolen the property equivalent to 1,2650,000 won in total of the market price owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of CCTV photographs to the crime scene;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the sentencing guidelines] - Types 4 (Intrusion Larceny) in general property (type 4) in the area of special mitigation (type 1 to 6) - in the case of intrusion into a place other than an indoor residential space, (type 4), in the case of intrusion into a place other than an indoor residential space - in the case of a favorable circumstance: The defendant's mistake is recognized; the defendant has agreed with the victim; the defendant has been sentenced to imprisonment with prison labor for a year and 6 months, and the defendant has been sentenced to punishment as above.