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(영문) 서울중앙지방법원 2013.06.26 2013고단2661
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On December 28, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for larceny, etc. at the Seoul Central District Court on August 5, 2013, and the judgment became final and conclusive on January 5, 2013.

【Criminal Facts】

On August 26, 2012, at around 02:00, the Defendant got into the main window and intruded into the second floor in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, Seoul, and then cut off the gap where the victim D d d d d d d d d d d d d d d d d d d d d d d g ju, with the market price equivalent to KRW 1,00,000,000 in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of D police statement;

1. A written appraisal by the National Institute of Scientific Investigation;

1. On-site photographs;

1. Previous convictions in judgment: A criminal investigation report (Attachment of a final judgment) and copy of judgment, and application of Acts and subordinate statutes of the case detailed inquiry;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. As to the Defendant’s assertion of mental disorder under Article 62(1) of the Act on the Suspension of Execution, the Defendant asserted that, at the time of the instant crime, the Defendant was under the influence of alcohol and was in the state of mental disorder or mental and physical disability as he did not memory due to symptoms such as a mond, while drinking alcohol at the time of the instant crime.

Since there is no evidence or evidence to prove that the ability to discern things or make decisions has been lost or weak, the above assertion shall not be accepted.

The reason for sentencing shall be limited to one month of imprisonment with prison labor within the range of the sentencing sentencing range of ten years and one year and six months [the sentencing range of the sentencing sentencing range: the sentencing range of the sentencing type and the area of general property: the mitigated range of the sentencing type of the larceny type IV] [the sentencing range of the sentencing factors: ① the victim is not subject to the punishment, ② the defendant's serious reflector] imprisonment with prison labor for six months and six months of the sentence, and two years of the suspension of execution shall be limited to the defendant who was sentenced to the punishment of the larceny on November 4, 2012.

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