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(영문) 대전지방법원 천안지원 2018.09.13 2018고단1810

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 13, 2017, the Defendant: (a) around 17:00 on December 13, 2017, the Defendant: (b) opened a door in the number plate of the entrance of the 1st floor door and intruded inside the door; and (c) opened a panty panty and a brogate in the second floor laund of the laundry room; and (d) stolen it.

2. Crimes against victims D;

A. On February 9, 2018, the Defendant, around February 2018, at around 21:00 to 22:00, committed the crime, at around the same time, opened the entrance door of the 1st floor in the same manner as that of paragraph (1) and intruded inside, and cut off the entrance, at least 4,000 won in the market price of the victim’s possession in the 4th floor air conditioners at the 4th floor.

B. On February 21, 2018, the Defendant intruded into the said “Notice” method around February 21, 2018, and stolen it by holding one fact that is worth KRW 6,000, the market price of the victim’s possession in the said cooling house, which was kept in the said cooling house.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Records of seizure, list of seizure, and photographic materials of seized articles;

1. Data on images of CCTVs at each site;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant Article 330 of the Criminal Act concerning the crime, the choice of punishment (the thief who intrudes upon residence at night), Article 319 of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act and the choice of imprisonment with prison labor);

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. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows: (a) repeated crimes of the same law are repeated over several occasions; (b) the accused misleads the accused and reflects the accused; (c) the value of damaged goods is not significant; and (d) the accused has no record of criminal punishment heavier than fines; and (c) the accused has no record of criminal punishment heavier than fines; and (d) the Defendant’s age, sex, family relationship, family environment, motive, means, and conditions after crimes.