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(영문) 서울서부지방법원 2015.05.21 2015고단811
주거침입등
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. Intrusion upon residence;

A. At around 15:00 on March 18, 2015, the Defendant: (a) opened the apartment entrance in front of 404, the Mapo-gu Seoul Metropolitan Government apartment complex c, and opened the entrance of the said apartment with automatic locking devices; (b) opened the entrance of the said apartment before the entrance is closed; and (c) intruded into the residence of the said 404 residents, the victims.

B. On March 18, 2015, around 16:00, the Defendant entered the above C apartment 403 unit, and went into the front of the 403 unit, thereby infringing on the residence of the said 403 unit residents, the victims.

2. From March 18, 2015, at around 15:20, the Defendant: (a) went into and out of the above C Apartment 404 common corridor; (b) thereafter, the Defendant stolen the victim D’s substitute son, who was inside the front corridor transfer box of 2701, with an alternative 200,000 won in the market price owned by the victim D; and (c) from around that time to around 16:00 on the same day, the Defendant stolen the victim’s property worth KRW 1,476,000, total market price owned by the victims by the following methods, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement concerning D, E, F, and G;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure and photographs of seized articles;

1. Article 319 (1) and Article 329 of the Criminal Act applicable to the facts constituting an offense and Articles 319 (1) and 329 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following circumstances, etc. considered as the reasons for sentencing):

1. Where the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. (the scope of recommending punishment / [the scope of recommending punishment] general property is mitigated from category 2 (general larceny) (4-10 months) (special mitigation / 10 months), and intrudes into places other than indoor residential spaces (the decision of sentencing / 4 types).

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