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(영문) 서울북부지방법원 2020.06.03 2020고단863

야간주거침입절도등

Text

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

except that 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

[criminal power] On August 21, 2019, the Defendant was sentenced to a suspended sentence of two years for a period of eight months in the Seoul Northern District Court due to night building intrusion theft, and the judgment became final and conclusive on August 29, 2019.

【Criminal Facts】

1. Intrusion upon residence;

A. A. On March 21, 2019, the Defendant committed the crime around March 21, 2019, when around 23:00, the Defendant came to the residence of Dongdaemun-gu Seoul Metropolitan Government Victim C, and went to the residence of the victim, thereby releasing the cover of the lock door door door door door, and impairing the victim’s residence.

B. On March 24, 2019, the Defendant committed the crime at around March 24, 2019, when around 21:00 on March 24, 2019, was in the residence of the said victim.

In the same way, the victim's residence was invaded.

2. On March 27, 2019, the Defendant, at night, has reached a residence of the said victim on March 27, 2019, and 1. A.

In the same manner as the paragraph, the victim's market price in the west was 400,000 won and was stolen with one gold and one half of the women's base price in the west.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. C’s statement;

1. On-site reports (CCTV images verification, etc.), CCTV images and editing photographs, notification of detection of persons who correspond to DNA identification information (DNA) at the scene of crime, on-site photographs, and investigation reports (Hearing of suspect statements);

1. Criminal records as stated: Application of criminal records, etc. and investigation reports (verification of latter concurrent crimes under Article 37 of the Criminal Act)-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment), and Article 330 of the Criminal Act (the points of larceny at night) concerning criminal facts;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The defendant of the reason for sentencing under Article 62(1) of the Criminal Act, even though he/she had the record of punishment due to theft, etc.