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(영문) 수원지방법원 안양지원 2016.04.19 2015고단1967
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 15, 2015, the Defendant: (a) around 03:21 on November 15, 2015, the Defendant: (b) was going to the Victim C’s house located in Ansan-si B; (c) was going to the second floor through an unresh gate; and (d) infringed upon the victim’s residence in excess of the second floor of the victim’s house; and (c) was cut to the victim’s house in excess of the second floor of the victim’s house; (d) 2,25,000 won owned by the victim who was opened for a long time in the washing room; and (e) 3,3,000 won was cut to the female panty amounting to KRW 17,00,000, female panty amounting to KRW 3,000.

2. On November 22, 2015, the Defendant: (a) invaded upon the residence of the said victim C in the same manner at the same place as indicated in paragraph (1) around 03:07 on November 22, 2015; and (b) did not intend to commit an attempted crime, by taking account of the objects to steal clothes owned by the said victim; and (c) did not have the wind to escape from the said victim’s children, who returned home.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C;

1. Application of Acts and subordinate statutes to data on site photographs;

1. Relevant Article 330 of the Criminal Act concerning the crime (the points of larceny at night) and Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation and the reason for sentencing of Article 62-2 of the Social Service Order Act [the scope of the sentencing guidelines] / Night residence larceny - Night intrusion larceny - Specific mitigated area (from August to January 1) mitigation area (the criteria for sentencing in general property) - Special mitigated person: Many special mitigated person: The criteria for sentencing is not set, but they refer to the above criteria for sentencing in relation to the crime of larceny of intrusion upon residence at night and the crime of concurrent crimes under the former part of Article 37 of the Criminal Act, because there is no guidelines for attempted crimes of larceny of intrusion upon residence at night, but they refer to the above criteria for sentencing [the decision of sentence] - Unfavorable normal circumstances: The fact that intrusion upon residence at night and the theft of clothes by a female and the fear of fear of the victim is bad : one's error.

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