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(영문) 창원지방법원 2016.05.26 2016고단520
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 10, 2016, the Defendant intruded into the first floor of the Victim C's house located in Changwon-si, Changwon-si, Seoul, and then placed two panty 2 points and one brosty 2 points for women, where the market price of the victim's house located in the new building zone is unknown.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of the recommended punishment] The following circumstances should be taken into account: (a) the area of special mitigation (from April to January 6) (the special mitigated person) (in the event that he intrudes into a place other than the indoor residential space, (b) the accused confessions and reflects the amount of punishment; (c) the victim is not subject to punishment; (d) the Defendant has no record of the same punishment; (d) the Defendant has no record of the punishment; (e) the Defendant’s age, sex behavior; and (e) the conditions for sentencing specified in the records and arguments of the instant case, including the circumstances before and after the instant crime.

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