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(영문) 서울동부지방법원 2015.11.13 2015고단2853

야간주거침입절도

Text

A defendant shall be punished by imprisonment for one year.

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

On July 2, 2015, at around 03:40, the Defendant worn front of the building located in Gwangjin-gu Seoul Special Metropolitan City, and then intruded the victim C, who was divorced from the Defendant, through the above building piping and the scood by the scood pipe, through the heated beer and window of the above building No. 301 in which the victim C resides, and then the victim took 1,00,000 won in total, and 7,000 won in the market price owned by the victim using the scoods between play and escape.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 48(1) of the Confiscation Criminal Act [Scope of Recommendation] There is no basic area (1 to 2 years) of the th category (1 to 4 months) of the th category of the thth category of the thief for general property [1 to 2] [1] [1] of the thief for the crime of this case] / The crime of this case is committed by intrusion upon the victim's residence, which is the previous wife who was divorced at the latest during the late night, and the victim abused the property by taking advantage of the gap between play-off and the victim's mental shock in the process.

However, in full view of the fact that the damaged goods are seized at the site and returned to the victim, there is no criminal conviction for the defendant, and there is no record of punishment exceeding the fine, the defendant recognizes and reflects the crime of this case, and other various sentencing conditions specified in the arguments of this case, including the age, character and conduct, family relationship, environment, details of the crime and the subsequent progress, and the recommended sentences specified in the sentencing guidelines, the sentence as ordered shall be determined.