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(영문) 창원지방법원 통영지원 2015.10.15 2015고단807

야간주거침입절도

Text

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

except that 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

The defendant is a person who lives in Tong Young-si B apartment 201 Dong 1709, and the victim C is a person who lives in the same 1708, the next house of the victim.

On August 1, 2015, at around 23:00, the Defendant infringed on the victim’s house through the victim’s house bed, from the victim’s house fright, to the victim’s house, and then stolen the victim’s cash 80,000 won in the Defendant’s house located in the cell.

Summary of Evidence

1. Defendant's legal statement;

1. Application of C’s written laws and regulations

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

1. Reasons for the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] The mitigated area (8 to 16 months) of the mitigated area of general property [Special Mitigation] [Judgment of the sentenced sentence] and circumstances below the mitigated area (the defendant's age, character and conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., the following conditions of all the sentencing specified in the records and arguments of this case shall be determined as ordered.

Unfavorable circumstances: The favorable circumstances such as the fact that there has been a record of punishment for the same kind of crime: The fact that the mistake is divided and reflected, the amount of damage is not large, the victim agreed smoothly with the victim, and the victim does not want the punishment of the defendant.