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(영문) 대구지방법원 서부지원 2016.09.02 2016고단1132

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for 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

1. Night theft;

A. On February 3, 2016, at around 05:00 on February 3, 2016, the Defendant intruded the victim C’s house located in the 3rd floor of Daegu Seo-gu, Daegu, via an unfresh gate, and stolen 30,000 won of the market price of the victim’s father’s panty owned by the victim’s her husband and wife’s her father.

B. On February 27, 2016, the Defendant: (a) intruded the victim C’s panty house through a gate not opened in the same place as the former paragraph at around 05:10 on February 27, 2016; and (b) took off two panty pantys owned by the victim’s his/her father, who had been opened to the victims’ c

2. An attempted larceny at night;

A. On February 15, 2016, at around 05:00 on February 15, 2016, the Defendant invaded a female panty in the victim C’s residence through a gate not opened at the same place as the paragraph (a) of Article 1, and tried to cut off a female panty, which had been opened in the victim C’s residence as soon as possible, but did not have a female panty, and did not commit an attempted crime.

B. On February 27, 2016, around 05:14, the Defendant: (a) invadedd the victim D’s house mail on the 1st floor B in Daegu Seo-gu, Daegu-gu, and tried to steals women’s panty panty, which was opened in the first place, but did not have a female panty, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (CCTV investigation) and on-site CCTV photograph data;

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that the above victim does not want the punishment of the defendant by repaying damage to C);