(영문) 서울북부지방법원 2015.04.17 2015고단162

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Reasons

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(영문) 서울북부지방법원 2015.04.17 2015고단162

야간주거침입절도

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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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 5, 2015, the Defendant: (a) around 21:5 on January 21, 2015, 2015, at the victim’s house D, 402 Dong 1201 Dong 1201, the victim opened a string door and intrudes into a small room by entering the string door; (b) at least USD 154,2,00, 671, 1, 20, 20, 1, 20, 20, 1, 20, 20, 20, 20, 1,000, 1,000, 1,000, 1,000, etc. were stolen by inserting a string in a string.

2. On January 5, 2015, the Defendant: (a) around 22:00, at home of the victim E, from Seoul Special Metropolitan City, Nowon-gu, 402 Dong 103, the Defendant: (b) opened a string door door door and intrudes into the inside door by putting TV from the inside of the victim; and (c) cut off the victim’s handbag in a handbag, which had been placed on the head of the said victim’s 56,00 won in cash, with the market value of the victim’s handbag in the face of the victim’s head.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

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

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

1. Article 62 (1) of the Criminal Act;

1. The defense counsel's assertion on probation and community service order under Article 62-2 of the Criminal Act asserts that the defendant was in a state of mental disorder under the influence of alcohol at the time of the crime. Thus, the defendant seems to have drinking at the time of the crime. However, in light of the background and method of the crime, the details of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant did not have a weak ability or decision-making ability to discern things due to drinking, and therefore, the above assertion by the defense counsel

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