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(영문) 수원지방법원 2017.05.16 2017고단284
야간주거침입절도등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B are those who work at the 'D' restaurant in Suwon-gu, Suwon-si C.

1. On August 29, 2016, the Defendant, at the above restaurant around 22:10 on August 29, 2016, taken crebs in which the victim’s surveillance was neglected, and the keys in other crebs in the part of the victim.

L. A. L. theft was committed.

2. On September 12, 2016, the Defendant invadedd upon residence and stolen: (a) around 17:45, 201, the Defendant opened an entrance and intruded into the entrance by using a stolen key in front of the residence of the Victim E at Suwon-si; and (b) subsequently, the Defendant stolen the Defendant with one string of the cash amounting to KRW 400,000, market price of KRW 3,000,000, and one string of the cash amounting to KRW 2,000,000.

3. On September 14, 2016, around 05:00 on September 14, 2016, the Defendant: (a) was in front of the said victim’s residence; (b) opened an entrance and intruded into the entrance by using the stolen key; and (c) stolen cash worth KRW 740,000, which was owned by the victim in the West.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B;

1. A protocol of seizure and a list of seizure;

1. Investigation report (verification of time of sunset, etc.);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief for intrusion upon residence at night), Article 329 of the Criminal Act (a thief), and Article 319 (1) of the Criminal Act (a thief for intrusion upon residence and choice of imprisonment) concerning criminal facts;

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

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Reasons for sentencing under Article 333 (1) of the Criminal Procedure Act for Return of Victims;

1. The scope of the sentencing guidelines recommended by the Sentencing Committee;

(a) Nighttime theft (basic crime) / [type] theft of intrusion upon residence / [type] mitigation area (special sentencing factors] mitigation area (special sentencing factors] punishment non-won (the scope of recommended sentence) - 8 months and 1 year and 6 months;

B. Theft (Article 2 of the charge of larceny) / [Type] theft against general property.

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