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(영문) 부산지방법원 2016.01.13 2015고단6803
야간주거침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 19, 2015, at around 18:00, the Defendant went to the front of the residence of the victim C located in Busan High-gu, Busan High-gu, and entered the house through the entrance door in which the victim goes to work and enters the house by using the gaps outside the house, and the Defendant went to the house with one smartphone in an amount equivalent to KRW 700,000,000, the market price of the victim located under the inside and under the inside of the Gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 330 of the Criminal Act concerning the crime;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act / [Scope of the recommended punishment / [Scope of the recommended punishment ] There is no basic area (one to two years and six months) [Judgment of sentencing] [Judgment of sentencing] / It is not good that property was stolen by intrusion upon the victim’s residence at night, and the nature of the crime is not good; Provided, That the defendant appears to have committed a crime; damage was recovered; there was no record of the same kind of crime; and the disabled in class 2 of the disability (the sentence that is lower than the lowest sentence of the recommended sentence shall be sentenced in consideration of various circumstances).

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