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(영문) 서울북부지방법원 2016.07.08 2016고단1565
야간주거침입절도등
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

1. On April 15, 2016, the Defendant: (a) intruded into C apartment 301, 306, Dong 306, Dong 306, Mad-si, Mad-si, Mad-si, Mad-si; (b) caused a theft by cutting down a cable locker who prepared 1,50,000 won in advance the victim D’s market value, which is the victim D’s possession. From around that time to April 22, 2016, the Defendant stolen bicycles worth KRW 480,000,000, in total, on five occasions, as indicated in the list of crimes.

Accordingly, the defendant stolen another's property by infringing upon the residence of a person.

2. On April 27, 2016, the Defendant: (a) intruded into the emergency stairs of 101 Dong 1201 and 1201, E Apartment at the time of the Government around 03:00 on April 27, 2016; and (b) 8.50,000 won at the market price owned by the victim F.

The Defendant cut off another’s property by infringing upon a human’s residence at night. The Defendant cut off another’s property by cutting the cable cutting device, which was prepared in advance, for a bicycle 200 bicycle 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each police statement made to D, G, H, I, and J;

1. Each protocol of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 319(1), 329, and 330 of the Criminal Act concerning the crime;

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

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

1. Protection and observation, community service work, and Article 62-2 of the Criminal Act;

1. A person subject to special sentencing guidelines from June to June 1 from June 1 to April 4 from sentencing guidelines of Article 48(1)1 of the Confiscation Criminal Act (hereinafter referred to as “a person subject to special sentencing guidelines”) whose sentencing is aggravated based on aggravating the classification of types: a person subject to general sentencing in the mitigation area (from August to January 6): a person subject to general sentencing in the mitigation area (with partial recovery from damage): A person subject to imprisonment with prison labor for a year and six months: A person subject to imprisonment with prison labor for a year and six years: a person subject to a suspended sentence of one year and six years: a person subject to a suspended sentence of two years: a person subject to a suspended sentence of one year.

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