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(영문) 서울북부지방법원 2018.02.07 2017고단4166
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On March 2017, the Defendant, who had livedd with the victim C (41), went to the victim's house around March 2017, and was notified by the victim.

On August 30, 2017, around 22:00, the Defendant: (a) divided the first race to meet the victim; (b) however, the victim did not open the entrance; (c) opened the entrance using smart keyss possessed at the time of living with the victim; and (d) invaded the victim’s residence without permission; and (c) cut off the entrance by holding one math of the “Malaysia” which the victim is keyed.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The chief of the accusation report [the defendant's chief of the accusation report to ask the victim's speech who was aware of his/her mouth to give his/her speech, and has it taken by him/her, and thus does not constitute larceny.

The argument is asserted.

However, in full view of the evidence duly adopted and examined by this court, it can be recognized that the defendant was forced to leave the house by cutting the place of his speech from the victim's speech he was aware of his river, and according to the above facts, the defendant acquired the defendant's possession after excluding the possession of the victim's speech against the victim's will, and at least the defendant and the victim's joint ownership.

In light of the above circumstances, the intention of illegal acquisition is also recognized.

Therefore, the defendant's assertion is not accepted.

Application of Statutes

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

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

1. Six months from the scope of the recommended sentence to one year and six months;

2. Determination of sentence: (a) the fact that the damaged article of this case was donated to the victim; (b) the relationship between the defendant and the victim; (c) the defendant does not reflect; (d) the fact that there was several criminal records; and (c) the scale of the damage; (d) the age, sexual conduct, environment;

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