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(영문) 광주지방법원 장흥지원 2015.07.16 2014고단236

야간주거침입절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a second-class person with intellectual disability who lacks the ability to discern things or make decisions.

1. The Defendant committed the crime against the victim C: (a) around 04:00 on July 20, 2014, up to 05:00, opened a entrance that was not set up at the time of the victim C’s residence and operated by the victim C at the location of the victim’s second floor in Jeonnam-gun, Seoul-gun, and intruded into the entrance; and (b) stolen the victim’s cash worth KRW 20,000 on the part of the victim’s land under his/her control.

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

2. From September 11, 2014 to 05:00 on September 11, 2014, the Defendant: (a) opened a entrance that was not set up by the victim F and operated by the victim F in the Jeonnam-gun G from around 04:00; and (b) intruded into the entrance, and stolen the said entrance with cash of KRW 208,00,000 owned by the victim.

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

3. On September 15, 2014, the Defendant, at around 03:45, committed the crime against the victim I and the victim J, committed a theft with the victim I and the victim I and the victim J’s residence, and opened a entrance which was not set up at the victim J, and intruded into the room, and with the victim I’s cash 52,000 won in the victim I’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to J, I, F, and C;

1. Application of the Acts and subordinate statutes on the CCTV screen at the time of committing a crime of each photograph, CCTV-faging photograph or Lout;

1. Each relevant Article of the Act concerning criminal facts;