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(영문) 서울중앙지방법원 2020.12.17 2020고단4268

야간주거침입절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On February 7, 2020, the Defendant was sentenced to a suspended sentence of ten months in the Seoul Central District Court for night building intrusion larceny, which was sentenced to a suspended sentence of two years in the Seoul Central District Court. On February 15, 2020, the judgment became final and conclusive and conclusive during the suspended sentence.

【Criminal Facts】

1. On February 21, 2020, at around 01:43, the Defendant opened a joint signature door in front of a multi-household building in which the victim C resides in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City), which was not corrected, and invaded before the door door of underground No. D, the Defendant went back with one household compensationr in front of the victim’s market price equivalent to KRW 6,160, 160.

2. Then, at around 01:58 on the same day, the Defendant intruded the front of the instant door by the said method, and went back with one household compensation in the 6,220 won of the market price owned by the victim who was in front of the said door.

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. C’s statement;

1. Investigation report (the other party investigation of the victim, the confirmation of the suspect's appearance of crime, specific suspect);

1. Photographs, etc. at the thief site, the details reported in the 112 case, and each photograph;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) No. 1 crime (at night decision on a type of larceny) (the thief) [the thief for general property] and [the thief for a person who has a special penalty] mitigated element: In the case of intrusion larceny (the 4th category] mitigated element: living penalty, non-exclusive mitigation area (the recommended area and the scope of recommendation), special mitigation area, and imprisonment with prison labor for four to one year;

B. Second thief (at night decision on types of larceny) (the decision on types of larceny) (the decision on types of larceny), in which general property is to be mitigated [Article 4] (the elements to be mitigated).