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(영문) 대구지방법원 2019.02.21 2018고단5374
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four 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

1. On June 21, 2018, the Defendant: (a) around 02:13 on June 21, 2018, the Defendant: (b) opened a string door door door door and intruded into the house of the victim C located in Sinsan City B on June 21, 2018; and (c) had two vinyl paper (75L) indicating the market value of which is the victim’s possession of stairs.

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

2. On August 28, 2018, the Defendant, at night, was intruded by the aforementioned method at around 04:11, August 28, 2018, and had one vinyl paper (75L) containing the non-unconstitutional clothes (75L) at the market price, which is the victim D holding a stairs.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D or C;

1. Application of each statute on photographs;

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

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, on the night, intruded another person’s residence and committed a larceny, and the mental impulse suffered by the victims is not good.

However, the fact that the defendant recognizes all of the crimes of this case, there is no record of punishment heavier than the fine so far, the damaged articles were returned, and the degree of damage is not severe, and the defendant's age, character and behavior, environment, circumstances before and after the crime of this case shall be determined like the order by taking into consideration the following factors.

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