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(영문) 의정부지방법원 2015.11.20 2015고단2853
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six 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

On June 1, 2015, at around 04:17, the Defendant came to know in front of the building C, hamber, and came to take a password of the above Cdong joint signature, which was known in front of the building C, and went to the victim’s house C, No. 201 of the above Cdong 200,000 won of the market price, which was owned by the victim and was installed at the victim’s house C, was stolen.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each police investigation report;

1. Application of the statutes on photographs of damaged articles and CCTV photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation [Scope of Recommendation] : Larceny for general property: Where a person intrudes into any place, other than an indoor residential space (type 4) in the area subject to special mitigation (type : 4: Imprisonment with prison labor for not more than 6 months, 2 years from the suspension of the execution, 2 years from the suspension of the execution, and 3 years from the probation: A person steals another person's goods by entering the password that he/she has learned in the course of performing his/her duties, and impairing another person's structure although he/she had a same criminal history;

(1) favorable circumstances: Determination as above on the grounds that there is no reflect on one’s mistake, the fact that there is no record of suspended execution or higher, the defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and other factors of sentencing as stipulated in each subparagraph of Article 51 of the Criminal Act, such as the circumstances after the crime.

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