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(영문) 인천지방법원 2018.10.01 2018고단2751
야간주거침입절도
Text

A defendant shall be punished by imprisonment with prison labor for four 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

On March 21, 2018, at around 02:38, the Defendant: (a) opened a door by dividing the password known at the time of residence in Gyeyang-gu Incheon Metropolitan City C2 before residing in the above E; (b) cut off 15,000 won in the aggregate of market prices owned by the victim D in the upper part of the top part of the top part, which was located in the public room at that place; and (c) laid out 60,000 won in the aggregate of market prices owned by the victim F in the air conditioning; and (d) laid out brush, chickens, chickens, and chickenss in the air conditioning area equivalent to approximately KRW 60,00 in total of market prices owned by the victim F.

In addition, it was stolen in a way that it was put into a preliminary bank and then was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [the scope of recommended punishment] the theft of general property: the area of special mitigation (four months to one year and six months) (the special mitigation person] [the crime of living type, the amount of punishment not to be imposed;

2. The criminal defendant, who was sentenced to the suspension of indictment in 2017 for intrusion on a structure at night, was punished by a fine for intrusion on a structure at night and theft in the same year, and the same kind of crime is repeated;

However, while the defendant was living away from his family, the crime of this case was committed due to the lack of living cost, and his father, who became the contact after the prosecution of this case, expressed his active intent to protect.

It is not significant that the victims have been compensated for damage.

Defendant has no criminal records of suspended sentence of imprisonment or heavier punishment.

In full view of the above circumstances, the execution of imprisonment is suspended, and the sentence is determined as per the disposition.

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