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(영문) 대전지방법원 홍성지원 2015.10.07 2015고단119
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2014, between 01:00 and 02:00, the Defendant intruded into the kitchen through the toilet window, which was opened in the “D” restaurant operated and residing by the victim C, and stolen 20,000 won in cash from the wall located on the floor of the victim.

2. On November 13, 2014, between 01:00 and 02:00, the Defendant intruded the places specified in paragraph (1) in the manner described in paragraph (1) and stolen 30,000 won in cash on the wall that was located on the floor of the victim.

3. On November 18, 2014, between 01:00 and 02:00, the Defendant intruded the places specified in paragraph (1) in the manner described in paragraph (1) and stolen KRW 150,000 in cash on the wall that was located on the floor of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Application of statutes on site photographs;

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

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

1. Determination of the type of sentencing [the scope of applicable sentencing guidelines] under Article 62 (1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) : Imprisonment with prison labor for not less than one month but not more than 15 years (the scope of applicable sentencing guidelines): Each thief crime, theft against general property, and the scope of recommended sentences in cases of intrusion upon places other than indoor residential space (requirements for mitigation): Each mitigation area, application of reduction range of imprisonment with prison labor for not less than eight months and not more than one year and not more than six months: Imprisonment for not less than two years (one year and six months x one year and six months x one-third)] (the decision of sentencing x one year and six months x one-third) (the decision of sentencing x one year and six months x one-third) (the decision of sentencing x one year and six), and the crime of theft by intrusioning property at a restaurant at night during the suspension period of two years and the victim and the defendant did not reach an agreement, but the agreement between the victim and the defendant did not reach any agreement.

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