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(영문) 대구지방법원 안동지원 2017.06.23 2017고단209
야간주거침입절도
Text

1. The punishment of the accused shall be four months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

[criminal history] On October 6, 2016, the Defendant was sentenced to a suspended sentence of two years for the six-month period of imprisonment with prison labor due to night intrusion larceny in the Goyang Branch of the Jung-gu District Court, and the judgment became final and conclusive on October 14, 2016.

[2] On February 28, 2009, from around 03:49 to 03:57, the Defendant: (a) up to 202 heading rooms of DNA 202 administered by the victim C located in Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) the Defendant discovered the above 202 heading room without the door, opened the entrance, and intrudes the entrance by hand, in order to steal the money and valuables from the openings of the guest room to the unlocked visitors; and (c) then, the Defendant collected KRW 70,000,000,000 for the victim’s own cash within the wall located in the victim’s seat.

They brought to Korea.

Accordingly, the defendant invadedd the victim's residence at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site logs, temporary sites, and identification photographs;

1. Each report on investigation;

1. Records of the judgment: Application of an inquiry letter, such as criminal history, and an investigation report (final judgment after the date of this case) statute;

1. Article 330 of the Criminal Act concerning the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the crime of this case is not good in light of its circumstances, methods and risk, etc., and is disadvantageous to the defendant.

The Defendant confessions all of the crimes of this case and reflects them.

The amount of damage is minor.

This is the circumstances favorable to the defendant.

In addition, the circumstances indicated in the arguments and records of this case, such as the age, sex, environment, circumstances after the crime, and equality in the case of night when the judgment in the judgment becomes final and conclusive at night, etc., shall be determined as ordered by considering all the circumstances indicated in the arguments and records of this case.

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