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(영문) 대구지방법원 포항지원 2020.05.06 2020고단208
야간주거침입절도
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A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

Around 21:30 on January 19, 2020, the Defendant: (a) laid up to the studio D, which is the residence of the victim C (V, 27 years of age) who was fluoring gas pipes in the Nam-gu B Studio parking lot at port; (b) opened the above studio D, which is the residence of the victim C (V, 27 years of age), and intrudes into the above budio D; and (c) opened the above bud door and cut off the above bud door, the victim’s market value of which is equivalent to KRW 89,000, the victim’s ownership in the living room, at the same time, was at least KRW 89,00,00.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Report on the occurrence of a crime, such as intrusion upon residence, photographs at the scene of the crime, and list of reported cases;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 330 of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to ten years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property [Special Convicts] - Damage theft [Special Convicts] - mitigated elements: Reduction area of punishment [the scope of recommendations and recommendations] mitigated area], mitigation area of punishment, imprisonment for up to eight months to one year and six months [General Convicts] - Reduction element: Voluntary reflectivity and no record of criminal punishment [The grounds for suspension of execution of punishment] - There are no records of criminal punishment: Non-existence of criminal punishment, non-members of punishment - Reasons for general pride: serious reflectness;

3. Determination of the above sentencing factors, motive and background of the crime, and the amount of damage, etc. shall be taken into account.

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