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(영문) 서울중앙지방법원 2014.11.28 2014고단6508
야간주거침입절도
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A defendant shall be punished by imprisonment for not less than eight months.

except that 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

At around 04:20 on April 24, 2014, the Defendant: (a) opened the door referred to in 601 that the victim D was accommodated by using the key to the room located in the Maddong-gu, Cheongju-si; and (b) invaded the door up to the room, using the key to the room located in the Maddong-gu, Madern-gu, Madern-gu, Cheongju-si; and (c) cut off the door with one set of 100,000 won at the market price of the victim’s own possession and one set of 40,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Statement of police seizure;

1. Application of fieldCCTV Acts and subordinate statutes;

1. Article 330 of the Criminal Act applicable to the crime;

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

1. The scope of punishment: Imprisonment with prison labor for not more than ten years;

2. Recommendations and sentences on the sentencing criteria: One year of imprisonment - two years and six months (to select a basic area among the four types of larceny for general property);

3. Determination of sentence: Imprisonment with prison labor for eight months and two years of suspended sentence: The defendant has committed the instant crime from the beginning to another room within the telecom with the intention of theft, and the nature of the relevant crime is not good: Provided, That the value of damaged goods is not relatively large, damaged goods were returned to the victim, there was no record of punishment for the same kind of crime, and after committing the crime, the fact that the error is divided, etc., a sentence lower than the recommended sentence on the sentencing guidelines shall be imposed and the execution thereof shall be suspended.

It is so decided as per Disposition for the above reasons.

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