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(영문) 광주지방법원 해남지원 2015.02.04 2014고단349
야간주거침입절도등
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. On July 31, 2014, the Defendant: (a) around 21:15, in front of the house of the victim C (n, 29 years of age) located in Jindo-gun, Jindo-gun, Jindo-gun; (b) had a view to peeping the victim’s room; and (c) opened the said network to intrude the victim’s residence by hand.

2. On July 31, 2014, the Defendant: (a) around 21:37, at the time of the victim E (n, 48 years of age) located in Jindo-gun, Jindo-gun; (b) went through the air-conditioning room outside the said building; (c) opened the said house windows to intrude into the victim’s residence; and (d) laid down the said house with a hand in the window with a single 30,000 won at the market price owned by the victim during the dried-gun as soon as possible.

3. On July 31, 2014, at around 22:24, the Defendant assaulted the victim H (n, 33 years of age) and the said C, etc. at the street in front of the “G cafeteria” located in Jindo-gun F, Jindo-gun, with a view to complying with the Defendant’s opening of the said C’s house windows and taking into account the said bills, the Defendant assaulted the victim’s right side side of the victim at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement prepared by C, E, H, I, and J;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Article 319 (1) of the Criminal Act, Article 319 (1) of the same Act, Article 330 of the Criminal Act, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 62-2 of the Criminal Act, the range of final sentence due to the aggravation of multiple offenses for which there is no basic area (one to two years) (one year and six months) of types (one to six months) on general property [the scope of recommending punishment] of crimes of violence (the scope of recommending punishment] of categories (general violence) of categories (one to two months) and the basic area (two to ten months) [the special person] of categories (one to two months) of the crimes of violence: One year and two years (decision of sentence] of one year and one half years (decision of sentence] of one year, two years of suspension of execution, two years of probation, and forty hours of order to attend a lecture.

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