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(영문) 대구지방법원 김천지원 2014.04.30 2014고단273
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 19, 2013, the Defendant, who had resided in the “D Public Notice Host” owned by the victim C of the Gu and Si for about one year from around February 19, 2013, was unable to live after leaving the said Public Notice Hostel, with the fact that the ordinary child victim was kept rice, kimchi, etc. so that the residents can jointly drink in the said Public Notice Hostel because of the difficulty in living after leaving the said Public Notice Hostel, and tried to steals rice, kimchi, kimchi, etc. into the said Public Notice Hostel.

At around 20:00 on February 6, 2014, the Defendant phoneed to E, who became aware of at the time of residence, and then called “at least 3,00 won”. The Defendant opened a door by E, who knows the above facts, intrudes into the main room, the 5th floor resting room B and the 6th floor resting room A and B, and then stolen it by using a crepan in which the victim’s surveillance was neglected, with a total of 57,300 km, including a total of 46,300 g of rice owned by the victim and 10 ggg of kimchi amounting to KRW 10,300,00 in total, and 57,300,000 won in the market price of the victim’s possession.

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

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of E- Fact confirmation 1, investigation report (in relation to the computation of the amount of damage, attaching receipts submitted by the victim) Acts and subordinate statutes;

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

1. Reasons for the suspended sentence of Article 62 (1) of the Criminal Act (the decision of types of punishment) - Types 4 (Special Larceny) (Special Rape): Where a person intrudes into places, other than a living-type crime, indoor residential space (type 4) and a place outside the indoor residential space (the scope of recommendation and recommendation), the area of special mitigation [the scope of recommendation and recommendation], April to one year and six months] - The major reasons for the suspended sentence of Article 62 (1) of the Criminal Act - The major reasons for the suspended sentence: a crime of living, a person not subject to punishment - General pride, a person not subject to suspended sentence, and a person not subject to a suspended sentence (the decision of a sentence):

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