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(영문) 대구지방법원 2021.01.13 2020고단5237

야간주거침입절도

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2020, at around 04:08, the Defendant: (a) discovered and opened a DNA white typ vehicle equivalent to KRW 15 million in the market value of the victim’s ownership parked in the Maumcheon-si, Gyeongcheon-si; (b) invaded on the Maume of the above place; and (c) driven the said vehicle by driving the said vehicle.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of each of the Acts and subordinate statutes to “CCTV video fafaf

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

1. Grounds for sentencing under Articles 32 (1) and 25 (3) 3 (excluding cases where the scope of an order for compensation is not clear by the agreement of the applicant for compensation) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Rejection of Application for Compensation under Article 62 (1) of the Suspension of Execution Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [type 4] The thief for general property [type 4] intrusioning (special sentencing person] - The mitigated element: In the case of intrusion into places other than indoor residential space, the non-permanent mitigation area of the punishment [the scope of recommendation and recommendation], the special mitigation area of the punishment [the scope of the punishment], the period from April to one year and six months [the general sentencing person] - The mitigated element of the punishment [the grounds for suspension of execution] - Major reasons for the suspension of execution: Non-permanent penalty - There are no criminal records of the suspension of execution, serious reflects, and the health of the defendant.

3. Determination of sentence: The defendant's person who intrudes into a new wall of six months under the suspension of execution of one year, and thus steals a motor vehicle, and thus, is not subject to the liability for the crime. However, the defendant's person appears to have committed a crime under the influence of undermining the recognition ability due to mental illness and exchange, compensation for the damage and reflects the victim's letter of use, there is no imprisonment without prison labor or heavier punishment, there is no past record of punishment, and family-friendly relatives want to take the wife.