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(영문) 인천지방법원 2018.08.24 2018고단4972
주거침입등
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

On April 26, 2018, at around 14:40, the Defendant: (a) opened a locked door and intruded into the said accommodation at the time of the construction site C, in front of the accommodation located in Silung-si B; and (b) removed KRW 150,000,000,000, in cash, owned by the victim from the wall that was located at the time of the victim D.

In addition, it was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to E (Reference witness and witness);

1. A damage statement of D;

1. A police seizure protocol (voluntary submission), and a list of seizure;

1. Investigation reports (on-site CCTV analysis);

1. Application of Acts and subordinate statutes governing field CCTV images;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (influence of residence), Article 329 of the Criminal Act (influence of residence), and the choice of imprisonment with prison labor, respectively;

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment heavier than that prescribed for larceny);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

A. It does not deal with the crimes for which the sentencing guidelines are not set for No. 1 crimes, but the sentencing guidelines are set in consideration of the sentencing factors for larceny following the sentencing guidelines set for larceny:

(b) Type 4 (Influence of Special Sentencing) (Influence of Punishment) - mitigated elements: Reduction area of punishment not [Determination of the recommended area] mitigated area of punishment [the scope of recommendation] [the scope of punishment] from August to one year and six months [the person who is subject to general sentencing] - Reduction element of mitigation: In cases where considerable damage has been restored to a considerable portion of general property, serious reflective nature.

2. Whether or not to suspend the execution [main reasons] - positive: Non- sources of punishment (including serious efforts to recover from arbitrary damage or to recover damage) - negative reasons: At least twice in cases of a previous sentence of suspension of the execution, but not less than twice in cases of a negative: the positive damage is minor, serious reflective, and the Defendant’s health condition is very good.

3. The crimes of the accused against whom the sentence of sentence is to be pronounced shall be accommodated at the work site.

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