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(영문) 인천지방법원 부천지원 2015.09.10 2015고단2047
야간주거침입절도
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 21, 2015, the Defendant: (a) around 20:30, the victim D (Inn, 29 years of age) located in Seocheon-gu, Seocheon-gu C1st, Seocheon-gu; (b) opened the shock network of the window installed in his house in his hand and intruded into the living room beyond his windows; (c) 4 women’s hub 200,000 won in the market price, which was the victim’s possession of the living room and the toilet rapid line, was cut off by inserting 6 pantyty in his house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the body of victims, such as field photographs, reports on investigation, fingerprint identification, request for appraisal of the identity of the thief, request for appraisal of the site, and extraction of photographs of the victims

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of recommendation [Determination of types of punishment] Sentencing Criteria, thief for general property, thief for theft and intrusion theft (type 4) (special penal person] / [Scope of recommendation punishment] / Imprisonment with prison labor for 8 months to 1 year and 6 months (reduction area);

2. Determination of sentence: The sentence shall be determined as per the order, considering the age, character and conduct of the defendant, circumstances after the crime, etc. of the defendant, such as eight months of imprisonment, one year of suspended sentence, one year of suspended sentence, the fact that the defendant led to the confession of the crime, the amount of damage is not large, the victim does not want the punishment against the defendant, the defendant does not have the same criminal record.

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