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(영문) 광주지방법원목포지원 2020.09.03 2020고단1104
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 10, 2019, the Defendant: (a) entered the entrance door password, which was found out of the victim’s house in a wooden C apartment unit, and entered into the entrance, and then brought about KRW 13.4 million in the total cash owned by the victim, which was located in Bana, Bana, Bana, Hapo-si, Mapo-si, Mapo-si, Mapo-si, and Mapo-si, and then entered the entrance.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement and police’s statement concerning B;

1. Application of Acts and subordinate statutes, such as a report on the occurrence of a theft crime (a police box), a report on processing the 112 reported case, a report on field identification, a report on intrusion theft case's photograph, a report on internal investigation (on site and CCTV verification, etc.), a report on investigation (in relation to the analysis of CCTV images of visitors), a report on investigation (Attachment of CCTV images of an apartment site) (in relation to a suspect A mobile phone (E), a report on investigation (in relation to the leakage of a password of the victim's residence B)];

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

1. Article 62(1) of the Criminal Act provides that the nature of a crime is not less severe in light of the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and the method of theft. However, the execution of a sentence shall be suspended only once, taking into account all the circumstances, including the following: (a) the person was detained for about one month after being detained in the instant case; (b) the victim was placed in custody for about one month; (c) the victim was willing to take the Defendant’s wife in consultation with the victim; and (d) the age, character, and environment of the Defendant.

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