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(영문) 의정부지방법원 고양지원 2017.12.01 2017고단2683

야간방실침입절도

Text

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

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

Reasons

Punishment of the crime

The Defendant, at around 03:03 on August 31, 2017, opened a string door, “Cel” 201, and intrudes into the guest room. The Defendant, at around 03:03 on August 31, 2017, opened a string door, and intrudes up to the guest room, strings the gap in which the victim D, who is a guest, was on the table of the table, and 10,000 won in cash at the wall of the string door, 10,000 won in cash, and nine cigarettes on the floor, including Chapter 5, 1,000 won in cash, and Chapter 2, 1,000 won in cash.

The ship was stolen with the ship.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A protocol of seizure and a list of seizure;

1. Photographs of damaged articles;

1. Application of the Act and subordinate statutes to a investigative report (to attachCCTV video images) and a investigative report (the application of the Act and subordinate statutes to a suspect A-relatedctv video caps);

1. Article 330 of the Criminal Act concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the mitigated area (eight months to one year and six months) (the special mitigated person] in cases where he/she intrudes into places other than indoor residential spaces (the four types);

2. In full view of various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, where the Defendant recognized the instant crime and reflects his mistake, there is no record of punishment for the same kind of crime, the amount of damage is relatively minor, and the victim appears to have been returned to the victim, and the sentence is determined as per the Disposition.