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(영문) 서울중앙지방법원 2015.01.09 2014고단8219
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant resided in Dongjak-gu Seoul Metropolitan Government 402, the above studio lessor was forgotten with the password of the entrance locking device. The Defendant’s secret number known to the above studio lessor to the studio, and the Defendant’s secret number that was listened to the fact that the above studio’s common emergency secret number is a studio of the above studio, by advertising it into another studio with a studio to steals the article.

On August 20, 2014, at around 20:20, the Defendant: (a) divided the above emergency identification number into the lock room 407, in which the victim G resides; and (b) invaded into the above room room; and (c) carried the victim H-owner of the victim H, who was on the shoulder 407 at that place, carried out one turn on the top of the emergency room; and (d) from that point to October 21, 205, the Defendant attempted at night six times in total, as shown in the list of crimes in the attached Table, with approximately KRW 5,200,00, gift certificates, and clothes belonging to women in the market and without finding any stolen or stolen objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning G and I;

1. Statement of the police statement related H;

1. Statement of police search;

1. Investigation report (victim G telephone communications);

1. An investigation report (verification of sunset time of the incident);

1. Application of CCTV images and field photographs (seven copies) Acts and subordinate statutes;

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

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

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

1. The scope of punishment: Imprisonment for not more than 15 years;

2. Recommendations and sentence on the sentencing criteria: One year of imprisonment - four years and seven months (to select a basic area among the four types of larceny for each general property and to apply the standards for handling multiple crimes);

3. Determination of sentence: One year of imprisonment and two years of suspended sentence: The defendant enters the residence of another person at night, and has repeatedly committed each of the crimes of this case, and the victim's psychological records are examined.

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