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(영문) 인천지방법원 2018.06.01 2018고단1876
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

1. On March 3, 2018, around 06:40 on March 3, 2018, the Defendant thefted 40 non-intersections equivalent to the total market price of KRW 300,000,00, which was owned by the victim D, around March 3, 2018.

2. Around March 3, 2018: (a) around 08:54, the Defendant infringed upon his/her residence, and stolen, on March 3, 2018, the Defendant stolen three non-commercial lectures worth KRW 15,000, in total, at the market price of the victim G located in Incheon F’s H office at the entrance of the H office in which the victim G was living. In front of the fence gate, the victim G was intruded into the said gate by means of inserting the body in front of the fence gate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. Each investigation report (in cases of making statements, etc. by victims, recovering damaged articles, and intrusion upon H residence);

1. 112 Application of the report processing table and H photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 319 of the Criminal Act, Article 319 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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 (the aggravated punishment for concurrent crimes provided for in paragraph (1) of the same Article shall be aggravated by the punishment for larceny provided for in paragraph (1) of the same Article which is the most severe judgment);

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. Class 1 (thief as indicated in the holding) of the first crime (thief as indicated in paragraph 1): thief for general property (the thief) [the thief] type 1 (the person who is subject to special sentencing] - The mitigation element: living penalty, non-permanent [the scope of recommendation] Special mitigation element / [the scope of recommendation] one month or six months [the scope of general sentencing] [the person subject to general sentencing] - In a case where considerable damage has been recovered, the serious half [whether probation is suspended] - The major reasons for taking into account are positive factors: the positive damage of life type, the minor damage, the absence of serious criminal records beyond the suspension of execution, and the health of the defendant.

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