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(영문) 서울남부지방법원 2020.09.08 2020고단1090

야간주거침입절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 14, 2020, at around 04:06, the Defendant: (a) intruded the victim C’s house building located in Gangseo-gu Seoul Metropolitan Government BBD 2; (b) infringed on the inside of the said building through the public entrance entrance of the first floor that was not locked; (c) on the part of the victim, who was installed inside the public entrance, was on a 500,000 won or more at the market price of the victim’s house installed inside the public entrance;

Summary of Evidence

1. The police's statement of the defendant C in court;

1. Application of C’s written records of seizure, seizure list Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the following conditions of sentencing shall be comprehensively taken into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime.

D. Unfavorable circumstances: The facts that the nature of the crime is not good in light of the method of crime, the value of the stolen goods, etc., the favorable circumstances that have been punished several times for the same crime: The recognition of the crime of this case and reflects the fact that the stolen goods are to be returned to the victim, and the victim does not want the punishment of the defendant at the investigative agency.