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(영문) 광주지방법원 2013.09.26 2013고단3730

야간주거침입절도

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 four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) around 02:40 on July 31, 2013, at around 02:40 on July 31, 2013, the Defendant opened and intruded the victim D’s house located in Gwangju-gu, Gwangju-gu, and opened a small door above the house fence, and opened a 18K ebbbbbb, the total market price of which is equivalent to 300,000 won in the cremation; (b) one eb, a private documentary big (White) or a private type, one eb, the victim’s resident registration certificate, and one eb, the victim’s market price at the right side of the small door, which is equivalent to 20,000 won in cash; and (c) one 10,000,000 won in the market price at which the victim’s resident registration certificate is located in the victim’s eb, and one 1,000,00 won in the victim’s eb.

Summary of Evidence

1. Defendant's legal statement;

1. In each entry into the investigation report (the scene of the crime and the escape route and the specified relation to the suspect), investigation report (the confirmation of the victim's statement);

1. Application of the video Acts and subordinate statutes in Chapter 15 of the photograph;

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

1. Article 10 (2) and (1) of the Criminal Act, Article 55 (1) 3 of the Criminal Act for statutory mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act lies in the defendant's criminal records of the same kind who has been sentenced to the suspended sentence of imprisonment for three years or more, and the damage of this case has not been recovered. In light of the sentencing distribution of the same case as the above circumstances, the prosecutor's opinion that the defendant should be sentenced to the sentence is sufficient.

However, in the case of this case, in light of the following special circumstances, ① the opinion submitted by the prosecutor as evidence, and the statement of investigation before the judgment of the probation officer, etc., it is recognized that the defendant was in a state of mental disability due to drinking exclusively at the time of this case, and ② the defendant