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(영문) 창원지방법원 2016.03.31 2015고단3005
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six 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

In light of women's clothes, the Defendant discovered that he was fluent in front of the victim D's house of the 2nd floor of Changwon-si, Sungwon-si, Sungwon-si around August 2, 2015, and that he was fluent in front of the victim D's house of the victim of the 2nd floor of the 2nd floor, and invaded the victim's house in front of the 2nd floor beyond the safety door leading up to the safety door of the 2nd floor, and brought about a theft of the victim's panty 3 panty owned by the victim, which was fluent in the 1st century, from November 2014 to September 2015, and brought about a theft of the victim's house 85 times in total, including the list of crimes, and brought about a theft of the victim's house as soon as possible after being invaded by the victim's house.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Each statement of E, F, G, H, J, K, K, L, M, N, P, Q, R, T, U, V, W, X, Y, and Z;

1. Each protocol of seizure and each list of seizure;

1. Investigation report (at night, confirmation at the time of committing the crime);

1. Application of on-site ctv photographs, evidence related to arrest of thiefs, photographs of seized articles, and the process of confirming the house subject to crime, to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Article 330 of the Criminal Act concerning the selection of punishment (the occupation of larceny at night), Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 and the choice of imprisonment with prison labor);

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution does not correspond to those of the instant crime because the Defendant, as a result of intrusion upon the victim’s residence, has repeatedly committed a crime of theft of female clothes for a long time. However, since around 2013, the Defendant’s negligence away from his family and led to aggravation of depression and sexual intercourse, and thus, the Defendant seems to have caused the instant crime. In depth, it is against the Defendant’s fault and part of the victim.

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