beta
(영문) 대전지방법원 천안지원 2016.09.27 2016고단1245

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 9, 2016, the Defendant: (a) around 22:00 on May 22, 2016, at night, went into the house of the victim D (n, 22 years of age) located in south-gu, Chungcheongnam-gu; (b) around 22:50 on May 18, 2016, the Defendant: (c) opened the air conditioner room and opened the air conditioner; and (d) went into the victim’s house; and (d) invaded the victim’s house; and (d) caused the victim’s intrusion into the victim’s house, the Defendant attempted to take two panty heads of the panty in an amount equivalent to 25,000 won in total; and (d) attempted to destroy the victim’s clothes at night, at around 22:50 on May 18, 2016, at the location described in paragraph (1) in the same manner as that indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the victim;

1. On-site photographs;

1. A report on the results of field identification;

1. A written appraisal;

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (the points of larceny at night) Articles 330, 342, and 330 (the points of attempted larceny by intrusion upon residence at night);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures / [the scope of recommendations] / No (1 to 2 years) basic area (1 to 6 months) (1 to 4 months) for general property / [1 to 1] no person subject to a special sentencing / [1] decision on sentence / there is no record of being sentenced to a heavier punishment than a fine, and in particular, it is going to overcome its mental problems.