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(영문) 춘천지방법원 강릉지원 2017.02.10 2016고단958
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 28, 2016, the Defendant: (a) at night, on June 28, 2016, the Defendant: (b) took a theft with a total of approximately KRW 100,000,000 in cash, including two plastic paper paper, and KRW 30,000,000 ( approximately KRW 70,000), in which the victim D was under custody in the Kabropoe, by walking a tent from C around June 28, 2016, around 23:40, and by intrusion into the upper end; and (c) cutting it out with a total of KRW 100,000,00 in cash, including two plastic paper and two plastic paper.

2. On July 2, 2016, at night, the Defendant: (a) intruded upon the house at the same place as indicated in the foregoing paragraph on July 2, 2016, around 01:02; (b) and (c) the victim invadedd the inside in the same manner at the location described in the same paragraph; and (b) the Defendant stolen the said vehicle with one set of approximately KRW 5,000 and one set of the post office mail check card while being kept in the Kabter he/she was in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to internal investigation reports and each investigation report (the attachment of images of a crime, the attachment of strings worn by the defendant at the time of the crime, the attachment of photographs by cutting down the second crime, and attachment of photographs by card use pages);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the scope of punishment ] the mitigated area (the imprisonment of August to January 1) for general property / [the special mitigated person] in cases of intrusion upon any place other than indoor residential space / [the type (4) / [the decision of sentencing] reflectivity, the defendant's family environment, the amount of damage, the amount of damage, and the fact that the defendant has resided without criminal history for the last ten years, the defendant shall be sentenced to a punishment deviating from the lower limit

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