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(영문) 인천지방법원 2018.12.20 2018고단8433
특수절도
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

On November 7, 2018, at around 01:40, the Defendant: (a) opened a toilet window installed on the side of the corridor by removing the window in his/her hands; (b) intruded into the house through his/her windows; and (c) followed the inside, and then completed the inside, the amount equivalent to KRW 90,000 in the market price of the victim D, the amount of KRW 180,000 in the cost of KRW 30,000 in the street bank, cash bank, and the market price of KRW 30,000 in the market price of KRW 50,000 in the market price of KRW 50,00 in the middle-gu Incheon Metropolitan City.

As a result, the Defendant, at night, destroyed the door, the wall or a part of the structure and intruded on another person’s residence, thereby thefting property worth KRW 1410,000,000 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. 112 Reports of case processing, and CCTV images taken by each CCTV;

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

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the scope of the recommended punishment] of the sentencing in general property [the scope of the punishment] of the basic area (one to two years) of the 4 types of theft in general property (one year and six months) [special mitigation] of punishment / Non-existence of punishment / intrusion into residence and night-time or night-time-destructive structures (four types of intrusion) / [the decision of sentence] of imprisonment 8 months, the suspension of execution two years of drinking alcohol and intrusion into the residence of victims, and the property was stolen.

The method of crime is poor.

The defendant has been sentenced to a fine of the same kind once.

However, the mistake is recognized and reflected.

The victims received correspondence from the victims.

Family is supported by family.

In addition, the sentencing conditions, such as the defendant's age, sex, family relation, and property status, are equally considered and lower than the lower limit of the recommended punishment.

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