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(영문) 대구지방법원 포항지원 2018.04.12 2018고단85
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

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 November 27, 2017, the Defendant committed the crime at around 22:38, Nov. 27, 2017: (a) went into the residence of the victim C, which was located under the building B No. 101, Nam-gu, Nam-gu, Nam-gu, Seoul, on Nov. 27, 2017; (b) went through the opening door door door door to the ward; and (c) was stolen with a female-use room whose market price is equivalent to KRW 300,000,000,000, in the market price of the victim’s possession; (d) a female-use camera, a camera with which the market price is unknown; and (e) an electronic advance sheet of KRW 200,00,00,000,

2. On November 27, 2017, the Defendant: (a) returned to the said victim’s residence on November 27, 2017; (b) went into the dwelling by the same method; and (c) went into the dwelling by the same method; and (d) took a box with one male visibility of the market value equivalent to KRW 1.5 million, the market value of which was the victim’s possession, and one box with one male visibility of the market value equivalent to KRW 500,000,000,000, in the market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to report internal investigation (the recovery of damaged articles and attaching photographs of damaged articles), and report internal investigation (related to visibility of damaged articles);

1. Article 330 of the Criminal Act concerning the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (one year to two years] (one year and six months) of the basic area of the theft of general property;

2. In other words, the circumstances unfavorable to the decision of the sentence, namely, theft by intrusion upon residence at night and the nature of the crime is not good, despite the fact that there was a past record of the suspension of the execution of imprisonment for the same kind of crime, which led to the instant crime. In other words, under the circumstances favorable to the fact that the victim did not recover the entire damage, considerable parts of the stolen goods are back to the victim, and since 2008, there was no record of the crime.

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