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(영문) 광주지방법원 목포지원 2014.05.09 2014고단269

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than three 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

On February 7, 2014, at around 02:05, the Defendant invaded the victim C’s bicycle that had been set up in the above apartment 101 apartment stairs before that apartment, and stolen the victim C’s bicycle with one bicycle equivalent to KRW 300,000 at the market price owned by the victim.

Accordingly, the defendant abused another person's residence at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of field photographs and CCTV editing photographs), on-site photographs (ctv editing photographs), investigation reports (Attachment of photographs of damaged articles, etc.);

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime, is recognized as committing a crime, a bicycle has been returned to the victim, an agreement has been made with the victim, and there is no other penalty power except for a person who has received a fine of KRW 700,00 due to drinking driving in 20