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(영문) 광주지방법원 2015.06.18 2015고단946

야간주거침입절도등

Text

1. The defendant shall be punished by imprisonment for one year;

2. Seized evidence 1 or 2 shall be confiscated;

Reasons

Punishment of the crime

The Defendant invested KRW 80 million in the “sports soil”, but worked as a daily worker by making all the property known to the “sports soil,” and when the Defendant instructed to live a living environment, the Defendant dumpeded the property into a detached house, and led to a theft of the neighboring housing price.

1. At night, on March 11, 2015, the Defendant: (a) infringed upon the living room through a window opened in the victim D or E located in Gwangju Northern-gu Seoul Northern-gu, and (b) carried out KRW 4,000 and tobacco 1 A and the cash 350,000 in the said E, which were located therein.

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

2. On March 19, 2015, the Defendant attempted to larceny at night, and around 20:45, the Defendant escaped from the wind, to the wind, which was installed in the 1st floor entrance (hereinafter referred to as “clord, etc.”) among the two floors of stairs leading to the second floor, having intruded through the gate opened in the victim G located in Gwangju North-gu, Gwangju, about the house of the victim G.

Accordingly, the defendant tried to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to field identification photographs, appraisers' records, CCTV images, seized photographs, comparative photographs of suspects, and data on sunset time in the Korean astronomical Research Institute;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for not less than one year.

(a) Recommendation-type punishment for larceny at night: Imprisonment with prison labor for one year to six years; the basic area of larceny in general property;

(b) multiple crimes;