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(영문) 수원지방법원 2019.08.13 2018고단6702
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 23, 2018, the Defendant: (a) around 01:52, at night, was at the victim C’s residence located in Suwon-si B; (b) opened an unlocked entrance and intruded into the victim’s residence; and (c) took a 15,000 mother and child at the market price owned by the victim, which was located in the victim’s room.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

2. Intrusion upon residence;

A. On September 12, 2018, the Defendant committed the crime of September 12, 2018, around 06:15, at around September 12, 2018, the entrance door that was not set up at the place of the victim’s residence, such as the above paragraph (1), was annually set up without the victim’s consent, and went into the victim’s residence, and infringed upon the victim’s residence.

B. On September 15, 2018, the Defendant committed the crime of September 15, 2018, at around 00:54, around September 15, 2018, the entrance door that was not set away in the victim’s residence without the victim’s consent was intruded into the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of CCTV investigation statutes;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 319 (1) of the Criminal Act (the point of residence intrusion and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) No. 1 crime (a) (a decision on a type of larceny at night) (a decision on a type of larceny) [No. 4] intrusion larceny (a special person] mitigated element: A mitigated element: A mitigated area of punishment [a] mitigated area of punishment [a] mitigated area of punishment (a recommendation area and the scope of recommending punishment], 8 months to six months of imprisonment;

(b) Class 2 (Intrusion upon residence - Undeveloped Crime).

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment for not less than eight months (limited to the minimum limit of the sentencing range of recommendations);

2. Sentence;

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