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(영문) 서울서부지방법원 2013.09.10 2013고단1955

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 21, 2013, at night, the Defendant attempted to larceny a female panty to be used for self-defense, after entering the house located in Eunpyeong-gu Seoul Metropolitan Government (Inn, 18 years of age) from the wall to the house of the victim C (Inn, B) located in Eunpyeong-gu, Seoul around 21:00, the Defendant did not discover it, but did not commit an attempted crime.

2. Night theft;

A. On March 2013, 2013, the Defendant: (a) 21:00 on the lower order of March 2013, 2013, went into the panty panty line, which is owned by the victim to be used for self-defense, and stolen it with the amount equivalent to KRW 5,000,000, at the market price of the panty line, for women to be used for self-defense.

B. Around April 3, 2013, the Defendant, at around 23:50 on April 3, 2013, entered the place under paragraph (1) with a fenced, and stolen the Defendant’s panty market value equivalent to KRW 5,000,00, for women’s panty owned by the victim to be used for self-defense.

C. Around April 8, 2013, the Defendant, at around 23:30 on April 8, 2013, entered the place under paragraph (1) with a fenced, and stolen the Defendant’s panty market value equivalent to KRW 5,000,00, for women’s panty owned by the victim to be used for self-defense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records;

1. Articles 330 and 342 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, the reason for sentencing) is that a defendant commits a crime of larceny at night, not that crime.

However, the punishment as ordered shall be determined in consideration of all the circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, and circumstances after the crime, without any particular criminal record, and cadastral disability 3; the defendant is against whom the defendant is committed; and