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(영문) 부산지방법원 2016.05.19 2016고단1277
주거침입등
Text

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 October 30, 2014, around 04:00 on October 30, 2014, the Defendant damaged the entrance door of the city due to bricks from the victim D’s residence located in Busan Northern-gu C.

2. In the above time and place, the Defendant infringed upon the victim’s residence by opening the entrance door and opening the entrance door at the glass.

3. The Defendant stolen 1,350,000 won in cash owned by the victim at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs on damage scenes;

1. Relevant Article 366 of the Criminal Act, the choice of the penalty against the crime, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with 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. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the defendant shows the attitude of reflecting all of the crimes of this case. While the degree of damage is not severe, each of the crimes of this case is acknowledged as follows: (a) marging a female's residence in the night, marging and destroying property in favor of the female's residence; (b) marging the matter is not easy; (c) the nature of the crime was defective; (d) the damage was not recovered; and (e) the damage was not recovered; and (e) there was a history of criminal punishment several times due to larceny.

In light of the aforementioned circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the crime.

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