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(영문) 서울서부지방법원 2015.10.28 2015고단2294

야간주거침입절도등

Text

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

1. 야간주거침입절도 피고인은 2014. 4. 25. 21:00경 서울 마포구 C 지하 B호에 있는 피해자 D의 집에 이르러 열려진 출입문을 통해 집안으로 침입하여 안방에 있던 피해자 소유인 시가 1,800,000원 상당의 삼성노트북 1개, 시가 650,000원 상당의 티쏘 손목시계 1개, 시가 180,000원 상당의 지샥 손목시계 1개, 시가 400,000원 상당의 니콘카메라 1개를 가지고 나와 절취하였다.

2. On September 1, 2015, around 15:35, 2015, the Defendant: (a) opened a multi-household house in Mapo-gu Seoul Metropolitan Government, and entered the stairs as a rooftop; (b) opened up the entrance door of the entrance door, and (c) cut off with one content equivalent to KRW 120,000, the market value of the victim on the said rooftop, which was the victim’s 40,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of theft goods and on-site photographs statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act in relation to criminal facts, the choice of punishment (the points of larceny at night) and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is No. 1 [Scope of Recommendation] of the Reasons for the Sentencing in Article 62-2 of the Act on Probation, and the mitigated area (8 to 1.6 months) of Part IV of the Punishment (Special Mitigation) [Scope of Recommendation] of the mitigated area of the Punishment (Special Mitigation) [Scope of the Punishment] of Part II of the Punishment Act (General Larceny), the basic area (6 months to 1 year and 6 months) of the Punishment of the Larceny in general property [the scope of the punishment] of the final punishment due to the aggravated punishment of multiple crimes: August to 23 [Decision of the Punishment] of the Defendant, in light of the fact that the Defendant committed each of the crimes of this case while he had the history of criminal punishment of fines for the same crime, it is necessary to strictly punish the Defendant