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(영문) 서울남부지방법원 2016.08.11 2016고단2566

주거침입등

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

1. On May 9, 2016, around 13:10 on May 9, 2016, the Defendant infringed upon the residence of the victim, who had already been aware of the fact that he had stolen the property from the victim C’s house located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 105 Dong 1304, by taking away the capital secret number, and had intruded the victim’s residence.

2. The Defendant of larceny cited and stolen KRW 1,700,000 in cash and KRW 300,000 in a market price owned by the victim in the cremation at the same time and place as in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on CCTV image data;

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

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

1. The Defendant, on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, intruded with the password prior to the victim’s house known to him/her, and stolen the cash and precious metal worth KRW 2 million in total.

The defendant has been punished for the same crime and for suspended execution three times.

The victim did not recover the damage.

After the last crime in 2002, the defendant did not have any criminal record, and led the victim to the confession of the crime in a net order.

In addition, in consideration of the motive for the crime of this case, relationship with the victim, means and results of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.