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(영문) 서울동부지방법원 2015.04.15 2015고단605
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant around 03:25 on March 15, 2015, the house price in the long-gu Seoul Special Metropolitan City is west.

Finding the fact that the office entrance of the victim D in the same Gu C was opened, and intruded into the victim's house.

The Defendant, at home and abroad, stolen the sum of USD 23,00 ($ 26,00,000, KRW 93,000), 10,000,00 UN ($ 93,00,00), 7, 10,000,00 won of Onnuri gift certificates, 3, 2, 5,000,00 won of old right, 2, 1,000,00 won of old right, 7, 1,000 won of old right, 6, 50,00 won of old right, and 50,000 won of old right, and gift certificates, including the sum of market prices of KRW 2,42,50,00,00,00 of old right, 1,000 of old right, and 50,00 won of old right.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to police seizure protocol (Evidence No. 1);

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending punishment] The following shall be taken into account: (a) the basic area (one to two years and six months) of types of theft in general property; (b) reflectivity in the sentence; (c) damaged articles are seized; and (d) the damaged articles are returned to the injured party; and (e) there is no criminal record other than that sentenced to a suspended sentence of two years for imprisonment with prison labor for night intrusion larceny and larceny on January 20, 2005;

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