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(영문) 인천지방법원 2017.08.25 2017고단4230
야간주거침입절도
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 12, 2017, at around 22:20, the Defendant confirmed that the entrance was not set up at the victim E-house of Dong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 108 Dong-gu, 100,000,000 won in the market price of the victim owned, and then stolen the Defendant’s 1,000,000,000 won in Samsung Ggalth, which is equivalent to KRW 450,00,000,000,000 won in Samsung Ggalth, 1,000,000 won in KRW 8,00,00,000.

Accordingly, the defendant invadedd another person's residence at night and stolen the object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to each investigation report (the analysis of weather non-videos, the cases of additional damaged articles, and the cases of damaged articles);

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

1. Six months of imprisonment to be suspended;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (the following conditions favorable to the reasons for sentencing) of the suspended sentence

1. The scope of the recommended punishment according to the sentencing guidelines [the type of punishment] No. 4 [the person subject to special sentencing] (the person subject to special sentencing] - the mitigated element of punishment: the mitigated area of punishment [the scope of the recommended punishment] [the scope of the recommendation] mitigated area] [the person subject to general sentencing] from August to one year and six months] [the person subject to general sentencing] - where considerable damage has been recovered, the person subject to serious reflectness and no record of criminal punishment [the person subject to suspended execution] - The person subject to criminal punishment (including efforts to recover from arbitrary damage or recover damage] - The person subject to criminal punishment has no positive record of punishment; the person subject to suspended sentence (including efforts to recover from arbitrary damage or to recover damage); the person subject to suspended sentence has no criminal record or more severe damage; the person subject to criminal punishment; the person subject to special punishment; the person subject to excessive difficulty of the defendant's detention

2. Determination of sentence, night residence theft is an offense which does not compromise the peace of residence and at the same time endanger any danger and injury to other person's property;

Considering the risk of these crimes, our criminal law is about larceny at night.

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