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(영문) 서울중앙지방법원 2017.11.16 2017고단5808
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

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 June 17, 2017, at around 22:00 to 23:00, the Defendant opened and intrudeed an unrectible door at the victim J located in Gwanak-gu Seoul Special Metropolitan City, and opened it up to the stairs front of the victim’s residence, and opened the victim’s house promptly, and cut off with one Red T-ray Tros owned by the victim J.

Summary of Evidence

1. The defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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;

1. The basic area (one year to two years) of the types of larceny in general property, the scope of which is recommended according to the sentencing criteria;

2. The defendant, at night, has stolen a woman's clothes by intrusion upon another person's residence, and the nature of the crime is bad and dangerous.

However, considering all the circumstances shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the defendant is the first offender, the damaged things have been returned, and the defendant's age, sexual conduct, motive for the crime and circumstances after the crime, etc., the punishment shall be determined as ordered and its execution shall be suspended as ordered, but community service shall be ordered.

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