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(영문) 청주지방법원 2020.02.21 2020고단204

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On July 18, 2018, the Defendant was sentenced to imprisonment with prison labor for night, intrusion of residence, larceny, etc. at the Cheongju District Court on July 18, 2018, and completed the execution of the sentence in the Ganbuk Vocational Training Prison on November 2, 2019.

【Criminal Facts】

1. Around 17:00 on December 20, 2019, the Defendant: (a) when the victim D residing in Cheongju-si B, Cheongju-si; (b) was in a house; and (c) took advantage of the cresh in which the victim D, who had resided in Cheongju-si B; (b) took a cresh of the house; (c) took a cresh of rainwater connected to the back vegetable rice string; (d) opened a boiler room; and (e) intrudes into the victim’s house; and (e) took one half of the market price owned by the victim located on the back vegetable bed by the victim; and (e) took a theft.

2. At night, the Defendant: (a) around 17:30-18:00 on December 28, 2019, and around 17:30 to 18:00, the Defendant came into a house, and (b) the Victim F, residing on the third floor of the said house, used the cresh of house, followed by a rainwater receiver connected to the instant third floor, opened a benda window and intrudes into the victim’s house; (c) then, the Defendant took a 400,000 won of the market price owned by the victim, which was kept in the first page of the books located in the said page, and then cut off the victim’s house. < Amended by Presidential Decree No. 17420, Dec. 28, 2019; Presidential Decree No. 1,000, Feb. 1, 2000; Presidential Decree No. 17000, May 1, 2000>

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and H;

1. A written statement;

1. A report on occurrence, gene appraisal results report, police seizure records, investigation reports (Attachment of records during sunset time), investigation reports (specific information, such as the date and time of criminal investigation);

1. Photographss of damaged articles, photographs of the place of crime, gold banks, photographs of purchase account books, and copies of daily account books;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of repeated crimes), and Acts and subordinate statutes;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts, the choice of punishment (the occupation of larceny at night) and Article 329 of the Criminal Act.