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(영문) 대구지방법원 2020.01.22 2019고단4721
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight 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

On July 27, 2019, at around 02:20 on July 27, 2019, the Defendant intruded into the victim C’s residential room outside of the above Bath gas valve and the victim’s residential room, and the victim took 461,000 won in cash, which is the victim’s possession, within the wall where the crepan was located therein, and stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement prepared in C;

1. 112 reported case handling table;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [Determination of types] for larceny [Type 4] for general property, intrusion larceny [Special Convict] for mitigated elements: Indicator [the scope of recommending area and recommending punishment], mitigation area of punishment [the scope of recommending area and recommending punishment], and imprisonment between August and June;

3. The crime of this case, which committed the crime of this case, by intrusion upon the victim’s residence at night, is a theft of property, and considering the fact that the criminal liability is heavier than that of the crime, considering the fact that the defendant led to the confession of the crime, there is no record of criminal punishment, and the victim was not punished against the defendant by agreement with the victim ( January 17, 2020), etc., the sentence identical to the order of the defendant shall be imposed.

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