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(영문) 창원지방법원마산지원 2020.09.25 2020고단719

주거침입등

Text

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

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

(e).

Reasons

(b) Crime history;

1. On July 3, 2020, the Defendant committed the crime of July 3, 2020: (a) around 14:20 on July 3, 2020, the Defendant found the key to the house that was stored in the Changwon-si, Changwon-si, Mawon-si (D20). If the key to the house is stored in the mail, the Defendant used it and discovered the key to the house that was put in the mail ** in his residence **.

The Defendant, using the said keys, opened the entrance door of the victims and entered into the said door, and then stolen the victims’ currency 25,000 (Korean currency KRW 2,940), cash KRW 80,000, KRW 5-6,000, KRW 125,000, and KRW 125,700 (Korean currency KRW 14,700).

2. On July 4, 2020, the Defendant, at around 13:00 on July 4, 2020, took advantage of the key of the victims’ house at the same place as in paragraph (1) of the same Article, opened and enters into the victim’s house, and subsequently, the victims took 1,00 U.S. dollars (Korean US USD 1,196,50) and 500,000 U.S. dollars (Korean KRW 1,196,500) and 1 mobile phone of Samsung Galtho-si50,000, the market price of which is KRW 50,000.

Accordingly, the defendant invadedd the victims' residence two times, and stolen the property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared C and B;

1. Photographs of the damaged field, a photograph of the telephone details, D original stud photographs of the damaged site, a photograph of the accused image to capture the accused image, a photograph of the damaged area, and a photograph of the ctv image on which the damaged items are kept;

1. Application of Acts and subordinate statutes concerning report on internal investigation;

1. Relevant Articles 329 and 319 (1) of the Criminal Act and the choice of punishment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Articles 25(3) and 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Compensation Orders (Separately agreed).