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(영문) 수원지방법원 성남지원 2015.08.27 2015고단1362

주거침입등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Night theft;

A. On June 9, 2015, around 04:00, the Defendant intruded into a multi-household house located in the Sungnam-si branch of the Gyeonggi-si, Gyeonggi-do, by entering into the multi-family housing unit, and caused the victim D to commit a second-story public stairs, and caused a theft of a large-scale paper gambling room containing 80,000 won of the market price of which the victim D left in the relevant place (a plastic gambling box containing fishing supplies).

나. 피고인은 같은 날 05:00경 경기 성남시 분당구 E 소재 다세대 주택 안으로 들어가는 방법으로 침입하여 2층 공용복도에 이르러 피해자 F이 그 곳에 놓아 둔 시가 41만원 상당의 “첼로시터스” 자전거 1대를 가져가 이를 절취하였다.

2. Around 12:00 on July 11, 2015, the Defendant: (a) intruded by entering into a 105-dong G located in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the 1704 victim, and (b) stolen one bicycle at the market price of 7.50 thousand

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared in D, F, and H;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for a crime, and Article 330 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, and Article 329 of the Criminal Act;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] There is no basic area (one to two years) of the theft of general property (one to half years) (one to six months) (the decision of sentence] [the decision of sentence] there has been no criminal record other than the fine once, and the fact that the person is living in good faith without committing another crime.