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(영문) 대전지방법원 천안지원 2016.10.11 2016고단1695
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. On August 2016, the Defendant committed the crime against the Victim C was in front of the dormitory for the second floor staff of the E-story E’s building located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and entered the entrance without a locking door, and carried 83,000 won in cash owned by the Victim C.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence.

2. On August 2016, the Defendant committed the crime against the Victim F: (a) was placed in front of the H office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) entered the entrance, which was not set up, and (c) took 100,000 won in cash owned by the Victim F within the bank located adjacent to the book.

Accordingly, the defendant invadedd the victim's structure and stolen the victim's property.

3. On August 10, 2016, around 16:40 on August 10, 2016, the Defendant: (a) entered the house with the entrance of the victim I on the third floor of the building of K Co., Ltd. located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; and (b) left the house through an unlocked entrance; and (c) carried KRW 700,000 in cash owned by the victim located in the bank.

Accordingly, the defendant abused the victim's property by intrusion upon the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning I or L;

1. Each statement of F and C;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 319 (1) of the Criminal Act (the point of entering a residence and structure) and Article 329 of the same Act concerning the facts constituting an offense, and Article 329 of the same Act (the point of larceny) and the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommending punishment] thraids for general property 4 types of theft (influence theft) (8-1-6 months) (special mitigation).

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