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(영문) 창원지방법원 통영지원 2019.09.24 2019고단787
야간방실침입절도
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

When the victims were living together with the victim D and the victim E in the building B in common, the defendant had a mind to steal cash, etc. by entering the room of other victims when the victims worked at night.

On November 20, 2018, from around 23:00 to 01:00 on November 21, 2018, the Defendant: (a) opened a victim’s visit from around 23:0 to around 01:00 of the same month; (b) opened and intruded the victim’s door crepit; and (c) used 20,000 won in cash owned by the victim D and stolen it; and (d) from then on, until February 18, 2019, the Defendant stolen property worth KRW 205,00 in total at nine times in total, as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of E and D;

1. Application of the Acts and subordinate statutes to attach CCTV photographs;

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

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Attached Crime No. 3) [Determination of Punishment] thief for thief for general property [Type 4] mitigated element for thief for intrusion theft [Special Convict]: Livelihood [The area of recommendation and recommendation range] mitigated range, imprisonment with labor for up to one year and six months;

(b) Class 2 crime (Attached Crime No. 2) [Determination of Punishment] thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

C. Type 3 (Crimes listed in Serial No. 4 of the List of Crimes) [Determination of thief] ; thief for general property [Type 4] thief for intrusion.

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