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(영문) 제주지방법원 2020.06.24 2020고단862
야간주거침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that 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

The defendant is a person who is under sexual intercourse with the victim B.

The defendant has abused cash stored in the victim's residence by using the gap in his residence.

On March 22, 2020, around 20:37, the Defendant entered a password into the front of the residence of C, △△△, and the victim, which was installed in the front of the residence, and invaded inside the entrance, and 5.9 million won in cash, which is the victim's possession, and was kept in the inner invasion.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Confirmation of sunset time of March 22: the application of Acts and subordinate statutes (18: 47);

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

1. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the defendant had the same criminal records for the reason of sentencing under Article 62(1) of the Criminal Act; (b) the defendant was in school with the victim; (c) the victim was aware of the victim’s entrance and password; (d) the victim did not want to be punished; and (e) the age, character and conduct, family relation, environment, circumstances of the crime, and result of the crime; and (e)

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