beta
(영문) 창원지방법원 2015.11.30 2015고단2542

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not more than ten months.

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 August 26, 2015, at around 00:20, the Defendant opened a door at the victim D’s house located in the Kimhae-si Office, Kim Jong-si, which had not been corrected by his hand, and intruded into the house, and collected one male wall with the amount of KRW 500,000 in the market price, which includes the cash amount of KRW 205,000 owned by the victim and the cash amount of KRW 20,000 in the front line, and brought 1 handbane at the market price of KRW 200,000 in cash owned by the victim D, who continued to be placed on the bed next floor, and one resident registration certificate.

Accordingly, the defendant stolen the victims' property by intrusion upon the victim D's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;

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

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

1. Reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area (8 to one year and six months) of the mitigated area (8 to one year and six months) of the Act on the Theft of the general property / [Special Mitigation] The decision of the sentence / The defendant's violation of the law on the acceptance of crimes in that the defendant invadeds upon the residence of victims at night and steals goods.

(b) to suspend the execution of a sentence under the condition of social service, taking into account the fact that there are no criminal records of the same kind, the mistakes are divided, and the victims and the victims have agreed to do so;

b)In full view of the Defendant’s age, character and conduct, home environment, motive and circumstances of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.