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(영문) 전주지방법원 2015.11.25 2015고단1680
야간주거침입절도등
Text

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

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

1. On August 5, 2015, around 00:30 on August 5, 2015, the Defendant: (a) the victim C was living in Jinando-gun B, Jinando-gun; (b) the victim was not corrected on the ground that the victim would wish to report, and (c) the Defendant opened the kitchen of the said Schlage’s kitchen and intruded the victim’s residence.

2. At night, around 02:40 on August 30, 2015, the Defendant: (a) opened a window that was not corrected by the entrance from the victim C, operated by the victim C, located in the Jinando-gun B, Jindo-gun; and (b) intruded into the said Schlage, and c,200 won of the market price from the air conditioners inside the Schlage, and stolen 2 c,200 c,00 c,20 won of the market price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 319 (1) (the points of intrusion upon residence and the choice of imprisonment), 330 (the points of larceny at night) and 330 (the points of larceny);

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

1. Reasons for the suspended sentence of Article 62 (1) of the Criminal Act / [Scope of recommending punishment / [Scope of recommending punishment] The mitigated area (8 to 1 year and 6 months) of the mitigated area (special mitigation) of general property / [limited to a person subject to a suspended sentence] imprisonment for 6 months and 2 years of the suspended sentence; and

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