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(영문) 인천지방법원 2018.11.02 2018고단5417

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

On March 21, 2018, at around 22:45, the Defendant intruded into a building through a joint entrance for the purpose of theft of goods from the officetel in Nam-gu Incheon Metropolitan City, and discovered one undeveloped bank in the market price, including a direction-setting system, half-way, and letter, which was located front of the entrance of 914, and stolen goods by intrusion upon another’s residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes regarding fingerprint appraisal;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the type of punishment] [the scope of punishment [the person subject to special sentencing] - The mitigated element of the crime [the scope of the recommended punishment] mitigated area of livelihood [the scope of the recommended punishment] mitigated area of the crime [the scope of the recommended punishment] mitigated area of the crime committed by livelihood [the person subject to general sentencing] from August to one year and six months [the person subject to general sentencing] mitigated element: The serious reflective element - The same criminal record (less than ten years after the completion of its execution) that does not constitute a repeated offense;

2. Whether probation is suspended [main reasons for consideration] - No adverse damage: - No positive crime: Offenses of life style [general reasons for consideration] - negative: At least two times, but not less than two times, positive: the minor and serious reflect;

3. The crime of a criminal defendant who has committed a theft by intrusion upon a building through a common entrance at night, shall be deemed a theft by carrying with him/her a bank in front of the entrance, and it shall not be deemed that the crime is good in view of the danger of the method of committing a theft by intrusion upon a residence;

The defendant has dumped stolen goods at an investigative agency.

and after the crime, the victim agreed with the victim or recovered the damage.

There is no extenuating circumstance to view.

The defendant has a past record of criminal punishment on ten occasions, and is serving during the period.