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(영문) 인천지방법원 2018.02.08 2017고단7578

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

1. On February 27, 2017, around 01:30 on February 27, 2017, the Defendant: (a) opened a door door to the victim D located in Seo-gu Incheon, Seo-gu, Incheon; (b) opened the door door to the victim D, which was not corrected at that place; and (c) intruded into the living room, and routed into the living room and ruptureed the instant door to the KRW 1,500 won of the market price, which

Accordingly, the defendant invadedd a human habitation at night and stolen the victim's property.

2. On July 26, 2017, the Defendant: (a) opened a door door at around 04:00 around July 26, 2017, where the victim’s residence had not been corrected at the door; and (b) invaded into the living room, and raids the victim’s market value of KRW 1,500, the victim’s ownership; and (c) put 5,500 tobacco in a household amounting to KRW 22,50,00 in total at the market value in the kitchen.

Accordingly, the defendant invadedd a human habitation at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of relevant Acts and subordinate statutes, such as the victim;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes with the punishment prescribed for larceny at night on July 26, 2017, which is heavier than the aggravated punishment);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines (a type of determination), thief, theft of general property, and intrusion theft (Scope of recommended punishment). One year to two years and six months;

3. Determination of sentence: The crime in this case for three months of imprisonment and one year of suspended sentence is not good, but all of the crimes in this case are led to the confession of all of the crimes in this case, and the amount of damage is relatively large, and there is no particular criminal history as well as the suspension of indictment once.