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(영문) 대전지방법원 홍성지원 2017.08.23 2017고단432
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a student who lives in B of C University dormitory B of the above University in the first year.

At around 04:00 on April 24, 2017, the Defendant invaded into the said C University dormitory B B 320, through open doors, and stolen KRW 95,000,000 in total, including KRW 20,000 in cash, KRW 20,000 in cash, KRW 25,000 in cash, from the wall on the wall owned by the victim E, and KRW 35,000 in cash, from the wall owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each written statement of D, G, F, and E;

1. Application of the Act and subordinate statutes to the investigation report (Evidence No. 11);

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is being committed, there is a history of being subject to a disposition such as the suspension of guidance and the suspension of indictment for the same kind of crime that is agreed with the victims.

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