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(영문) 창원지방법원 2019.08.29 2019고단1186
주거침입등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on April 20, 2019, the Defendant entering the building was “D” managed by the victim C in Kimhae-si, Kim Jong-si, which was located in “D”. In order to steals the inside of the 1st underground floor, the Defendant invaded the structure managed by the victim by entering the building above D, beyond 2 meters height of 2 meters installed between the above D and E building.

2. In order to steals the inside of the above sugar at the time and place mentioned in paragraph (1) above, the Defendant removed the sti pumps (a 2m, vertical 1.5m, and 5m thickness) installed on the window by hand, and damaged the sti pumps in which the market price managed by the above victim cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Application of each statute on photographs;

1. Relevant Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (the consideration given to favorable circumstances, such as the fact that it is white and reflect);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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