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(영문) 대구지방법원 2018.07.12 2018고단1833
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 201, 2017, around 23:00, the victim C was installed in front of the house of the victim C, which was placed in the front of the entrance of the building, and the dried-house opened in front of the entrance of the victim, and the dried-up of female-use clothes, etc. was intruded into the front wall of the victim’s house, citing one point below the clothes for female-use, in which the market price on the part of the victim’s house is unknown, and then the dried-in 2nd floor was cut off;

2. In around 23:00 on December 17, 2017, when intrusioning on the victim’s house mast in the same manner at the same place as above, putting one point below the clothes for women’s use with which the market price on the victim’s house cannot be seen as soon as possible and thefted;

3. On March 28, 2018, around 23:43, the victim’s house intrudes into the victim’s house in the same manner in the same manner at the same place, and cut down two points below the clothes for women, where the market price on the victim’s house was unknown.

Accordingly, the defendant stolen the property owned by the suspect by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Investigative reports (to hear statements from victims);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 330 of the Criminal Act concerning the facts constituting an offense;

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. Standard for sentencing the grounds for sentencing under Article 333(1) of the Return Criminal Procedure Act;

(a) At night, theft [the scope of recommended punishment] in cases of intrusion upon dwelling (the scope of punishment] in the mitigated area (eight months to one year and six months) of four types of theft in general property;

B. The scope of final sentence due to the aggravation of multiple offenses: The sentence is imposed by comprehensively taking into account the following circumstances: (a) the Defendant’s decision of the sentence that was sentenced from August to February, 2, and September, (b) the recognition of the crime and reflection thereof; (c) the Defendant agreed with the victim, and (d) the Defendant has no record of punishment for the same offense; and (d) other conditions of sentencing as indicated in the record, including the Defendant’s age, occupation, sex

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