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(영문) 광주지방법원 2016.04.07 2016고단248
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On November 13, 2015, the Defendant: (a) around 17:16, at the victim D’s house located in Namyang-gun, Namyang-gun; (b) the victim opened a locked gate and entered the mace; (c) the victim left the locked gate; and (d) carried 20 km rice 1 bomb, which was owned by the victim, with a considerable of KRW 50,00,000.

Accordingly, the defendant stolen the victim's property.

2. On November 13, 2015, the Defendant: (a) went to the house of the said victim D around November 20:35, 2015; (b) opened and intruded into a locked gate; and (c) opened and intruded into the locked gate; and (d) held a 20km rice market valueing to KRW 50,000,000 in the market price of the victim’s possession.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to internal reporting (CCTV image analysis);

1. Articles 330 and 329 of the Criminal Act concerning the facts constituting the crime;

1. Optional larceny of punishment: Imprisonment with prison labor;

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. The scope of the final sentence due to the aggravation of punishment under Article 62(1) of the Criminal Act on the grounds of sentencing [the scope of recommendation] 4 types of general property [the scope of punishment ] (8 months to 1 year and 6 months) in the mitigation area (the scope of punishment ] 2 in the mitigation area of punishment (the scope of recommendation ] 4 types of general property (8 months to 1 year and 6 months) in the mitigation area (the scope of punishment ] [the special mitigation person] in the mitigation area (8 months to 1 year and 6 months), 8 months to 2 years and 3 months [the decision of sentencing] in the case of the defendant being punished by a fine of KRW 3 million on February 12, 2015, while the defendant was punished by a fine of KRW 5 million on the grounds of larceny, etc., again committed each of the crimes in this case, the victim and the victim of this case are relatively old, and the victim of this case are relatively old, and the victim of this case and the victim of this case agreed.

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