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(영문) 광주지방법원 2020.04.23 2019고단4676

야간주거침입절도

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 15, 2019, at around 22:00, the Defendant used the Victim C’s house located in B, YYY, YYY, and used two maths of 20,000 won at the market price, which is the victim’s ownership, located in the victim’s side, who intruded against the said house and fence, and was located in the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of damaged scene and field photographs;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are against the defendant's recognition of the crime of this case, the damage was fully returned to the victim, the defendant was not punished for the same kind of crime. The defendant has no criminal record of suspended sentence or more, the defendant has no criminal record of suspended sentence or more, and other various sentencing conditions specified in the arguments of this case, including the defendant's age, character and behavior, environment, and circumstances after the crime, shall be determined as ordered