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(영문) 부산지방법원 서부지원 2018.07.06 2018고단484

야간주거침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 7, 2018, at around 06:45, the Defendant discovered that keys are posted at the entrance of the 1st floor entrance, opened a door, and intruded into the residence of the victim on the second floor, and then stolen the gap in which the victim’s ownership owned by the victim, which included a range of 1,30,000 won in sight, 1, 1, 1, 200, and 30,000,000 won in the market price, and 8,000,000,000,000 won in the market price.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of sentencing guidelines] - The mitigation area (from August to June) of the mitigated area for general property - The person who is specially mitigated: the person who is not subject to the punishment [the decision of the sentence] has no criminal record of the defendant exceeding the fine; the victim does not want the punishment by mutual consent with the victim; the defendant's age, sex and behavior, environment, motive and means of the crime; the motive and means of the crime; and the circumstances after the crime, etc., shall be considered and sentenced as the order.