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(영문) 인천지방법원 2015.04.23 2014고단4094

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

"2014 Highest 4094"

1. On March 30, 2014, around 00:20 on March 30, 2014, the Defendant was entering the house where the victim D in the second floor, Nam-gu Incheon Metropolitan City, is living, and entered the house above the victim’s house without the victim’s permission, and went back to the front of the second floor entrance by using stairs.

Accordingly, the defendant invadedd the victim's residence.

2. On April 18, 2014, around 03:30 on April 18, 2014, the Defendant: (a) intruded into the victim E’s house located on the first floor of the said place; (b) went beyond the said house fence; (c) was placed in front of the first floor studle; (d) was placed with one dub, a male dub, equivalent to the market price of KRW 200,000,000 in front of the

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

around 13:50 on January 22, 2014, the Defendant interfered with the victim’s removal work by force for about one hour on the ground that the removal work carried out at the above site managed by the victim G in the area of the removal site located in the Nam-gu Incheon Metropolitan City, Incheon. The Defendant interfered with the victim’s removal work by force for about one hour on the ground that the removal work carried out at the above site managed by the victim G.

Summary of Evidence

1. The defendant's legal statement "2014 Highest 4094";

1. Statement of each police statement of E;

1. Reports on internal investigation and investigation reports (investigation of victims);

1. Ctv-cape screen and damaged photograph "2014 Highest 4933";

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 319 of the Criminal Act, and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment) (the point of interference with business);

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;

1. The reason for sentencing in Article 62-2 of the Criminal Act of the probation and community service order [the range of recommending punishment] the mitigated area of category 4 (Influence theft).