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(영문) 광주지방법원 2019.10.31 2019고단3077

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On May 2018, the Defendant: (a) went into the house of the victim C (Inn, 29 years of age) located in Seo-gu, Seo-gu, Gwangju, about May 2018; (b) intruded into the house above the house, and took place as soon as possible; and (c) stolen the victim’s panty panty in the market value, which was owned by the victim.

2. Intrusion upon residence;

A. On August 27, 2018, around 05:00 on August 27, 2018, the Defendant came to the house of the above victim C (n, 30 years of age), and opened the gate and opened the gate, thereby infringing on the victim’s residence.

B. On March 10, 2019, around 05:42, the Defendant: (a) went to the house of the victim D (n, 46 years of age) located in Seo-gu, Seo-gu, Gwangju; (b) opened a window after going to the two floors; and (c) opened a window after going to the two floors; and (d) intruded the victim’s residence by inserting head into the site.

3. On March 10, 2019, around 05:47, the Defendant had invaded upon D’s residence, as described in paragraph 2-b, and continued to intruded into D’s house of the victim C (n, 30 years of age) as described in paragraph 1, and continued to intrude into the house of the victim C (n, 30 years of age) as well as the house, and then had taken a prompt flusium with cellular phone flusssium to steal female clothes, but did not incur clothes, but did not carry out the flusium, although the flusium was opened and opened on the second floor of the house, the flusium was not destroyed.

Accordingly, the defendant invadedd the victim's residence and attempted to steal clothes for women, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Written statements in C and D;

1. Application of Acts and subordinate statutes to investigation reports (in-site investigation and victim investigation);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330 (a point of night larceny), 319 (1) (a point of intrusion upon residence, choice of imprisonment), 342 and 330 (a point of attempted larceny at night) of the Criminal Act concerning the choice of punishment;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, and the circumstances leading to each of the crimes in this case.