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(영문) 서울중앙지방법원 2020.10.23 2020고단6097

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. At night, on August 10, 2020, the Defendant: (a) came into the Dong-gu Belel on August 10, 202, Ulsan-gu, Ulsan-gu; and (b) entered into the said her mouth. Since then, the Defendant opened and intruded the said her mouth C door, which was not locked, with the cash amount of KRW 400,00,000, which was owned by the victim D, and KRW 54,00,00, which was owned by the victim E, at night; (b) the Defendant invaded the victim’s residence at night; and (c) on August 10, 202, the Defendant stolen the victim’s property by intrusioning the victim’s residence; (d) around 03:30 on August 10, 202, the Defendant entered the said her singing room into the “G singing in the Dong-gu, Ulsan-gu, Seoul-gu, and brought about the victim’s money gap in the market price.

Accordingly, the defendant stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to each investigation report on H, E, and D (including attaching photographs of the victim's wallets, the verification of CCTVs, etc.) to each CCTV photograph, C inside of each CCTV, and the image image at the time of intrusion;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act for the crime in question and for the selection of punishment (the points of night larceny)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) No. 1 crime (a) (a decision on a type of larceny at night) (a decision on a type of larceny) [No. 4] intrusion larceny (a special person] mitigated element: A mitigated element: A mitigated area of punishment [a] mitigated area of punishment [a] mitigated area of punishment (a recommendation area and the scope of recommending punishment], 8 months to six months of imprisonment;

B. Second thief (a decision on a type of larceny) (a decision on a type of larceny) is a larceny; and