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(영문) 서울동부지방법원 2016.10.05 2015고단3009
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six 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

On September 5, 2015, at around 23:05, the Defendant came to the house of the victim C located in the second floor of Seongdong-gu Seoul building B, Seongdong-gu, Seoul, and went to the house of the victim, through open entrance, and has a panty panty for women who are owned by the victim, who was suffering from being installed as soon as possible.

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

Summary of Evidence

1. Statement to C by the police;

1. Each written statement prepared D or C;

1. Application of seizure records and photographs under each Act and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (Scope of Recommendation) of the Criminal Act / [1 year and two years] the basic area (1 year and six months) of types 4 of theft in general property / [1 year and six months] / the defendant's order of sentencing] / Even though the defendant intrudes into his residence at late night and thus steals it should be subject to criticism, it is not necessary that the defendant should be subject to a strict punishment, such as consistent reasoning that does not fit for the reason that the investigation agency does not fit for the death at the investigation agency. However, the defendant did not have any past record of being sentenced to a fine other than a fine of 200,000 won due to the violation of the Road Traffic Act in 196, a fine of 50,000 won due to assault in 20,000 won, and there is no record of being sentenced to a fine other than a fine

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