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(영문) 서울남부지방법원 2014.11.13 2014고단1110
야간주거침입절도
Text

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

On March 19, 2014, around 20:0, the Defendant intruded the victim D’s house located in Yeongdeungpo-gu Seoul Metropolitan Government 1st floor above the house, and stolen the victim’s 100 clothes equivalent to KRW 2,00,000, the market price of the victim’s 350,000, and the Plaintiff’s 70,000, 65,000, and 65,000, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [Scope of Recommendation] The sentence of Article 62(1) of the suspended sentence shall be taken into account the following factors: (a) the mitigation area (8 to one year and six months) of the mitigated area (the mitigation area); (b) a living-type crime [special mitigation person] a part of the damaged goods were returned to the victim; and (c) a person reflects his/her wrongness.

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