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(영문) 인천지방법원 2020.02.18 2019고단7457
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2019, the Defendant: (a) around 21:10 on April 20, 2019, when the victim C was in the residence of Jung-gu Incheon Jung-gu, Incheon; (b) opened a door door and entered into the house; and (c) intruded the victim’s residence at night, such as cash equivalent to KRW 167,00,000 in the house, KRW 167,00 in cash, KRW 3 in the middle cash, KRW 3 in the middle cash, one male finger, and one in the middle city.

2. The Defendant damaged the property of the victim, such as attaching glass and windows, at the above temporary location, such as the entrance doors of living rooms in the city which are not open to the city.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Each investigation report (No. 10, 14, 15 No. 5 of the evidence list);

1. Application of photographs and the Acts and subordinate statutes to each damaged article at the time of committing each crime;

1. Relevant Article 330 of the Criminal Act and Article 366 of the Criminal Act concerning facts constituting an offense (the points of larceny at night) and Article 330 of the choice of punishment (the point of destroying and damaging property and the choice of imprisonment);

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

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment at Night) Larceny (Determination of Death) ; thief for general property; thief for general property; thief [Type 4] No person who is involved in intrusion larceny [the scope of recommending area and recommending range] basic area; 1 to 2 years and six months;

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for one to two years;

2. The instant crime, which committed an intrusion upon another person’s residence at night during the determination of sentence, is not good, but is arrested as a flagrant offender and returned to the victim. There is no previous conviction in the process of drinking, and is under voluntary medical treatment for the following group of alcohol alcohol.

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