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(영문) 인천지방법원 2018.09.20 2018고단5184
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. The crime committed on June 26, 2018;

A. At night, around 01:00 on June 26, 2018, the Defendant: (a) intruded into Dong Dong, Bupyeong-gu, Incheon, Bupyeong-gu Blet; (b) removed the third and fourth floor windows owned by the victim C, a resident of the location; (c) removed the glass part; and (d) stolen four window trussess on the market price of the victim’s ownership in a way that he/she owns the window, with the window installed.

B. On June 26, 2018, around 08:13, the Defendant intruded into the places indicated in the foregoing paragraph (a), and removed the windows of the first and second floors owned by the said victim C, removed the glass part, and cut off two windows from the market price of the victim’s ownership by using the window mold.

2. On June 29, 2018, the Defendant intruded into the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu D on June 29, 2018, and removed the windows of the Ba stairs owned jointly by the victim E, who is the resident in the place, from the window and cut off five windows from the market price under the victim’s ownership by using the window frame.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E and C;

1. Photographs - Application of Acts and subordinate statutes, such as personal belongings, site photographs, etc.;

1. Relevant Article 330 of the Criminal Act concerning the crime, the choice of punishment (the thief who intrudes upon residence at night), Article 319 of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment with prison labor), Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act 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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection [the scope of the recommended punishment] : The reason for the sentencing of Article 62-2 of the Criminal Act / [the scope of the recommended punishment] / In the case of intrusion upon general property, the area of special mitigation (4 months to 1 year and 6 months) / [the special mitigated person] living, and intrusion upon a place other than an indoor residential space / [the criteria for multiple crimes ] / 6 months from April to February / 9 [the decision of sentence] / 6 months from the suspension of execution / 1 year from the suspension of execution / 1 year

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