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(영문) 대구지방법원 포항지원 2016.06.15 2016고단288
야간주거침입절도등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At night, on January 2016, the Defendant: (a) infringed upon the victim C’s house located in North Korea-gu, North Korea-gu, at night; and (b) took an open window before the victim C’s house located in North Korea-gu, at night; and (c) stolen the victim’s house with a 100,000 won amounting to 30,000 won of the market price, which was owned by the victim; and (d) one electric screen equivalent to 300,000 won of the market price

2. Intrusion upon residence;

A. On January 2016, 2016, the Defendant entered the victim’s room through open windows for the reason that the victim’s contact was avoided and does not move to, and invaded upon the victim’s residence.

B. On February 10, 2016, the Defendant invadedd the victim’s residence by the aforementioned method, around 23:40.

3. The Defendant searched at the time and place specified in paragraph 2-b. The Defendant: (a) opened a new head of the body where the victim C does not have any crepit; and (b) searched the victim’s residence by following the proposal.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Reports on internal investigation (attaching photographs of damaged articles);

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV video image image images) and a criminal investigation report (to hear statements from the victim’s telephone);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 330 of the Criminal Act regarding the selection of punishment (the point of larceny at night), Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor) and Article 321 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the sentence shall be determined as ordered by comprehensively taking into account the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and other various sentencing conditions, such as the circumstances after the crime.

A favorable circumstances: The value of the stolen goods is minor and all the victims are returned, and there is no particular criminal punishment.

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