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(영문) 부산지방법원 2016.02.03 2015고단7285
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 20, 2015, around 01:0, the Defendant: (a) was in front of the house of the victim D, a single house of Busan Dong-gu C2, Busan, and came up with the second floor through the stairs, confirmed that the victim was absent, and opened the window screen by hand, opened the window screen, and intruded with the victim’s inside, and then cut off by 70,000 won in total at the market price on the book, 5,000 won in total, and one student certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] 4 basic areas (one to two years) of the 4 types of larceny [the person subject to special sentencing] [the decision of sentencing] / (the decision of sentencing / the person subject to special sentencing] / It is not good that property was stolen by intrusion upon the victim's residence at night, and the nature of the crime is not good; Provided, That the defendant seems to have committed a crime at night and attitude against himself/herself; and there is no criminal history (the sentence that is lower than the lower limit of the recommended sentence, considering various circumstances)

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