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(영문) 서울남부지방법원 2019.09.05 2019고단2481

주거침입등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On April 23, 2019, at around 14:53, the Defendant: (a) went into the building through the open door with the access of residents entering the building; (b) infringed on the residence of the occupants; and (c) stolen the electric kickboard owned by the victim E, which was in front of the above building D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E victim statement;

1. Application of Acts and subordinate statutes to report internal investigation ( CCTV-related Acts and subordinate statutes in the event of a suspected crime);

1. Relevant legal provisions concerning facts constituting an offense, Articles 319 (1) and 329 of the Criminal Act that choose a penalty (the point of intrusion upon residence), and Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The scope of recommendation according to the sentencing guidelines [decision of types] the scope of punishment for larceny [Type 4] for general property [special scief] intrusion larceny [special scief]: In case of intrusion upon places other than indoor residential space, the crime of intrusion upon residence and the crime of larceny falls under the category of crimes of intrusion and substantial concurrent crimes of larceny, but it shall not be classified as multiple offenses.

2. The defendant's age, character and conduct, health status, criminal record, motive, means and consequence of the crime, etc. are included in the same criminal record and several criminal records, on the other hand, by mutual consent with the victim, that the victim does not want the punishment of the defendant, that the victim acknowledges the mistake and reflects, and all the other circumstances shown in the trial including the defendant's age, character and conduct, health status, criminal record, motive