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(영문) 서울북부지방법원 2017.07.20 2017고단1457

야간주거침입절도등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 7, 2017, at around 21:58, the Defendant: (a) from the stairs connected to the rooftop of a 4-story corridor managed by the victim C in Dongdaemun-gu Seoul Metropolitan Government, one of the keyss to the room support unit located therein, 422 keys from among the guns guns of a room support unit located therein;

was made.

Accordingly, the defendant stolen the victim's property.

2. On February 7, 2017, from around 21:59 to 22:14 the same day, the Defendant stolen the key of 422 heading room, as described in the preceding paragraph, and then studio 422, the victim E was able to live. The Defendant opened the above room and opened the door and opened one cash 50,000 won in cash within the victim’s wall under the victim’s tring lease, 10,000 won KRW 5,00 KRW 10,00 KRW 5,00 KRW 10,00 KRW 10,00 KRW 5,00 KRW 2,00 KRW 10,000 KRW 10,000 KRW 10 in Chinese currency, KRW 14 K 1,14 K malk and 14 malk malk malk in the victim’s market price, 13 malk and 1 malk malk in the market price.

They have been in possession.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. On-site photographs and CCTV photographs for committing crimes;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief for intrusion upon residence at night), Article 329 of the Criminal Act (a thief) and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Crimes No. 1 for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] / [the scope of punishment ] 4 for general property / the basic area (one year to two years) (one year and six months) / [the person subject to special sentencing] 2 for which no person subject to recommendation / [the scope of recommendation] / The basic area (two months to one year) for general property (one year and six months).