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(영문) 부산지방법원 2016.06.24 2016고단2382

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 30, 2015, at around 20:00, the Defendant opened a small-scale window that was closed in the house in front of the Victim C’s house located in Busan Northern-gu B and 2, and opened a cret inside the house, and used 32,000,000 won of the market price in the inside, and 32,00,000,000 Samsung television.

Accordingly, the defendant abused another's residence at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the confirmation of victims' statements, photographs, fingerprints of theft cases, and results of field identification;

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 recommending punishment] The execution of imprisonment shall be postponed in consideration of the overall circumstances, such as the following: (a) the mitigation area (from August to January 6) of the mitigation area (the area of larceny) for general property [the person who is a special mitigation] [the defendant's livelihood] crime [the decision of sentencing] has the same history as the defendant two times; (b) the execution of the sentence is not significant damage (one time of suspended execution in 204 and one time of a fine in 2013), and the fact that a mistake is committed.