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(영문) 창원지방법원 통영지원 2016.09.28 2016고단920
야간주거침입절도등
Text

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

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

Reasons

Punishment of the crime

1. At night, the Defendant, at around 23:00 on July 23, 2014, was in front of D 303, a residence of the victim C in Scam B, at around 23:0,00, in a safe door, and in cash equivalent to KRW 2,30,000,000, owned by his/her female under TV, entering the door through an open door.

Influorial plastic bags, they were cut down.

2. On September 6, 2014, around September 23:15, 2014, the Defendant attempted to larceny a victim’s property before the said victim’s residence, and went into the living room through a bend window of the building and outer wall of the residence without breaking up or correcting gas pipes from the outer wall of the residence, but was found to have been attempted through the escape of the victim’s secret, which had been caught by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a written agreement;

1. Relevant provisions of the Criminal Act and Articles 330 (a thief for intrusion upon residence at night), 342, and 330 (a thief for intrusion upon residence at night) of the Criminal Act concerning facts constituting an offense, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court [the scope of the recommended punishment] and the scope of the punishment [the scope of the punishment] according to the sentencing guidelines of the Supreme Court, the mitigation area (the fourth-month-one year-one year-6 months)] of the mitigated area (the person who is specially mitigated], but there is no application of the sentencing guidelines in the case of intrusion upon residence at night, and there is no application of the sentencing guidelines in the case of

2. Determination of sentence - Determination of favorable circumstances: A person who has long been well aware of the victim and long been living in the house of the victim, and at the same time, was living in the house of the victim, and the injured person wishes to have his wife against the defendant in agreement with the victim, and the defendant has no previous record of his fault.

- Unfavorable circumstances: thief by intrusion on the residence of victimized women two times at night.

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