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(영문) 의정부지방법원 2017.09.28 2017고단3641
야간방실침입절도
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 August 1, 2017, the Defendant, at around 23:18, 2017, committed a theft of property by entering a room where the guests open to the room and take a place. The Defendant, who opened a room under the above gate No. 101 administered by the victim E, and went into the room and intrudes on the victim’s room, with cosmetics equivalent to KRW 60,000,000,000, in cash and KRW 30,000,000,000, in cash owned by the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to a written agreement;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act: In cases where the four types of larceny crimes [the sentencing criteria] for general property [the person subject to special sentencing] are invadedd in places other than indoor residential space, the sources of punishment not [the person subject to general sentencing] to be mitigated [the scope of the recommended punishment] to be mitigated [the scope of the recommended punishment] to be special mitigation area: The period of suspended sentence for April - 1st and June 1st [the positive reasons] to be punished [the main reasons why are positive] to be punished [the fact that the defendant is against the wrong, that the amount of damage is not large, that the defendant agreed with the victims, and that the defendant did not have any criminal record at the same time, etc.

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