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(영문) 청주지방법원 2017.05.30 2016고단1914

야간주거침입절도

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant, around 21:46, Cheongju-si, Cheongju-si, 204, came into the house with a password of the present door door, which was known to the victim prior to the house of the victim D, and intruded into the house, and used 80,000 won in cash owned by the victim who was placed on rest of the cell, No. 300,000 won, No. 1, No. 31, and one driver's license, with one copy of the market price of 40,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Written statements of D;

1. Statement made by the police with regard to D;

1. Report of investigation (specific suspect);

1. CCTV CDs (the Defendant denies the theft crime).

However, the victim's statement is sufficiently reliable in light of the fact that the defendant does not doubt the defendant at all, and reported the theft damage first, and the contents of the consistent statement of damage, etc.

In addition, the relationship between the defendant and the victim revealed in the evidence revealed as above (the defendant did not notify the victim who works in a singing room of his name and did not know his name), the victim's house does not show any other person's access, and the defendant entered the victim's house and entered the victim's house, and the defendant's action (as a result, about four minutes), or the defendant's behavior (at least four minutes), is sufficient to recognize the criminal facts of the crime of larceny, not entirely consistent with the defendant's changing contents, and it is sufficient to regard the victim's male relation as a criminal act of larceny in light of the following: the defendant's sexual relation is doubtful; the defendant avoided contact with the victim after the crime was committed.

Application of Statutes

1. Grounds for sentencing under Article 330 of the Criminal Code for criminal facts [the scope of recommended punishment] are general property.

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