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(영문) 수원지방법원 성남지원 2019.09.19 2019고단1548
특수절도등
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. On March 18, 2019, the Defendant: (a) fell into the residence of the victim D, who was located in Sungnam-gu Budio C at night, Sungnam-si, Sungnam-si; (b) opened a window on which the second floor was not corrected; and (c) invaded into the house; and (d) 500,000 won of cash owned by the victim on the wall located in the balp, which was in the balp.

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

2. From around 18:00 on March 19, 2019 to around 19:00 on the same day, the Defendant, along with E, was in the residence of the victim D, who was in Sungnam-gu Budio C, Seongdong-gu, Sungnam-si. The Defendant reported the network, and the Defendant opened a window on which the 2nd floor was not corrected, and intruded into the house, and thereby cut off the cash of 400,000 won on the part of the victim, which was located in the bridge, by opening the door so that the Defendant may enter the house.

Accordingly, the defendant stolen the victim's property together with E.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect E (second time);

1. Written statements of D;

1. Application of statutes on field photographs;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a point of night larceny) and Article 331 (2) and (1) of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of recommendations according to the sentencing guidelines [the scope of recommendations for special larceny and the scope of recommendations]. The scope of larceny in general property [the category 4] is the mitigated area, the area in which intrusion larceny in general property is recommended to be mitigated, the area in which imprisonment 8 to 16 months is recommended to be taken into account at night.

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