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(영문) 서울중앙지방법원 2017.11.22 2017고단6165
야간방실침입절도
Text

A defendant shall be punished by imprisonment for not less than eight 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 20, 2017, around 23:46, at around 2017, the Defendant opened a corrective entrance in the Mwitk and intruded into the room, and held 1.4 million U.N., the ownership of the victim, which was located in the bank of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to report internal accidents (verification of damaged places and CCTV verification, etc.);

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

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

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

1. The number of self-denunciation in the mitigation area (from August to January) of the sentencing criteria [the scope of recommended punishment] for the larceny of general property in four categories;

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: The crime of this case is not good in that it intrudes upon another person's indoor residential space.

There are few thefts.

A person who was unable to receive an explanatory note from the injured party.

A favorable circumstances: The stolen goods are seized and the damage is likely to be restored through the restoration of the victim.

The defendant voluntarily surrenders himself/herself, and reflects his/her wrongness in depth.

The defendant is the first offender.

There is a family member to support the defendant.

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