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(영문) 광주지방법원 장흥지원 2018.03.22 2018고단25
야간주거침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On January 4, 2018, the Defendant infringed upon a house by opening an open door and ruping into the door to steal money and valuables in the victim D’s residence located in the Southern Bank C, which was located in Seoul, for the purpose of theft of money and valuables.

2. At night, the Defendant: (a) around 07:02 on January 20, 2018, the Defendant: (b) opened a door-to-face warehouse opened for the purpose of theft of money and other valuables at the victim F located in Heung-gun; and (c) intruded into the door-to-face in a ward for the purpose of theft; (d) approximately KRW 300,000 in cash owned by the victim F; and (e) one gold-to-face in a TV set of TV sets of 283,00 in the market price owned by the victim F; and (e) was on the table.

Hand was stolen with approximately KRW 100,000,000,000 in cash owned by the victim G from the cellphone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of each investigation report (referred to in 28, 29, 30, 36) and Acts and subordinate statutes governing the time table of time, January 2018;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 330 of the Criminal Act (the point of larceny upon residence at night) 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. The sentencing factors under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) as well as other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as set forth in the arguments, shall be determined as ordered by taking into account the following factors.

The factors of sentencing in favor of the defendant: the fact that the defendant's mistake is recognized and reflected, the amount of damage is relatively small, the fact that the victims do not want punishment for the defendant, the victims do not want the punishment for the defendant, and their mistakes during the period of 40 days, and live a new life.

dives

It also intrudes on ways to steals money and valuables.

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