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(영문) 서울서부지방법원 2013.08.29 2013고단1822
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 7, 2013, the Defendant: (a) around 01:50 on June 7, 2013, 2013, the Defendant: (b) opened the window of the house in question, which was unlocked out through the window of the third floor through the window of the 3rd floor of Eunpyeong-gu Seoul Metropolitan Government, as a hand, and invaded into the way to hold the window of the house in question as a hand; and (c) cut down one of the two keys owned by the victim, who was on the house in question.

2. On June 16, 2013, around 02:20 on June 16, 2013, the Defendant attempted to steal money and valuables by intrusioning upon the victim’s house in the same manner as the above paragraph 1, but did not receive money and valuables, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant provisions of criminal facts: Articles 330 and 342 of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing);

1. Suspension of execution: The offense of theft is serious when a defendant intrudes into another person's residence and steals the reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing").

However, the punishment as ordered is determined in consideration of the fact that the defendant is against the defendant, and that the defendant is willing to faithfully perform the duty of military service in the future with the age of 19, and all other circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., are considered.

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