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(영문) 서울중앙지방법원 2014.12.23 2014고단8958
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 10, 2014, around 03:27, the Defendant: (a) opened and intruded the entrance door of the said guest room that was not corrected between the victim E, the customer room of Jongno-gu Seoul, and the F, the victim E, and the victim E, the passenger room of which was not corrected from any point of view; and (b) stolen the victim’s market price by citing the victim’s non-refluent options, mobile phones, resident registration certificates, cosmetics, etc. in the market price and the line of the market price not owned by the victim E.

2. Inflowment;

A. At around 03:29 the same day as the preceding paragraph, the Defendant entered the room where the victim G, the owner of the above telecom, opened the guest room door from 6th to 9th floor and did not correct rather than opening the guest room.

B. On September 13, 2014, the Defendant was above the Defendant around 03:26.

In the same way, the above Moel 911, which was not corrected, was invaded by the room.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on internal investigation (security of CCTV at crime scene and request for fingerprint appraisal);

1. Responses to fingerprinted results at criminal scene;

1. Application of each statute of G;

1. Articles 330 and 319 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (excluding the scope of recommending punishment) is one year to two years (the basic area) [the scope of sentence] to two years and six months (the basic area]. The crime of this case was caused under the influence of alcohol, the victim G paid actual expenses, the primary offender, the Defendant’s age, character and conduct, environment, etc.

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