beta
(영문) 제주지방법원 2020.12.24 2020고단2553

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

Reasons

Punishment of the crime

On June 29, 2020, at around 20:40, the Defendant went into the residence of the victim C (the age of 62) in Jeju-si B, and went into the room through the open gate, and then cut off the victim’s market price of 8,000 won on the floor.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement made by the police officer C on the statement; and

1. A written statement prepared in C;

1. A statement (including attached documents) of an investigation report prepared by the prosecution (verification of sunset time as at the time of the crime);

1. Entry of each 112 Reporting Case Handling List in police preparation; and

1. Application of each of the related visual Acts and subordinate statutes;

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

1. Reasons for the sentencing [the scope of sentence under law] of Article 62(1) of the Criminal Act (which shall be considered as favorable among the reasons for sentencing) of the suspended sentence [the scope of sentence under law] 1 month or 10 years [the decision of a sentence ] thief] , theft against general property - mitigated element - mitigated element : In prison labor [the general person] - mitigated element: In prison labor (the general person is responsible for the person in question) - serious reflective element - Instrud factor - previous and previous areas (the range of recommending punishment less than 10 years after the completion of execution) which do not constitute a repeated offense [the scope of suspended sentence] mitigated area, 8 months to 1 year or 6 months [the main reasons for suspended sentence] - positive general witness : Damage, clear social relationship, and negative witness : imprisonment with prison labor for not less than two times and at least two times, and the defendant has been sentenced to the lower limit of 17 years of a suspended sentence of imprisonment with prison labor for a fine not less than 97 months;